City of Utica issued the following announcement on July 21.
The New York State Supreme Court’s Appellate Division unanimously ruled in favor of the City of Utica regarding an issue involving a former Utica Fireman.
In 2018, former Utica Fireman Richard Forte, engaged in a lewd sexual act against a female firefighter which constituted conduct unbecoming and sexual harassment. When the City was made aware of this matter, Forte was immediately suspended without pay.
Upon further investigation of the incident, Forte was terminated by the City. On behalf of Forte, the International Association of Fire Fighters Local 32 appealed his termination. An arbitrator heard the case and upheld the City’s decision.
Local 32 brought forth another suit against the City, claiming that Forte was entitled to be paid for a period of time he was suspended. The City contended that Forte caused delays in the arbitration process and thus was not entitled to be paid during that time.
The New York State Supreme Court unanimously agreed with the City’s position. As a result of the ruling, the taxpayers do not have to pay Forte nearly $30,000. The City of Utica was represented by City Attorney Kathryn F. Hartnett.
Mayor Palmieri stated, “The City of Utica has zero tolerance for sexual harassment and we made the right decision in terminating Mr. Forte. I am pleased with the Supreme Court’s ruling as the city taxpayers should not have to compensate individuals who engage in egregious and inappropriate behavior.”
Original source here.
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