Edison Firefighters Back in Court

Firefighters in Edison, New Jersey have taken the unusual tact of suing city officials in Federal court for political discrimination and retaliation. The firefighters allege that recent cutbacks and disciplinary actions stem from political retribution that goes back years.

Named as defendants in the suit are Mayor Antonia Ricigliano, Management Specialist William Stephens, Assistant Public Safety Director Richard Laid, and former Business Administrator Dennis Gonzalez. Firefighters supported Ricigliano in her most recent election in 2009, but that support eroded shortly after she was elected. The firefighters previously opposed Stephens when he ran for mayor in 2005, and point to his presence in the administration as the catalyst for many of the problems they are facing.

Long held as one of our Constitutional rights, the right to be free from political discrimination flows from the First Amendment’s right to free speech and freedom of association. It rarely arises as an allegation from unionized or classified civil service employees, who typically have tenure, protection through collective bargaining,  and are insulated from the political whims of elected officials. More often it arises when an exempt employee (fire chief or fire commissioner) is replaced for political reasons. A recent law review article by Christopher V. Fenlon offers an excellent overview of the law in this regard.

The suit was filed by firefighters Anthony Pepe, James Walsh and Christopher Seich as named plaintiffs, along with Local 1197, IAFF and union president Robert Yackel. You may recall President Yackel’s son Peter was involved in a Federal civil rights lawsuit against the previous administration over his being disciplined for displaying a campaign sign at work in 2009. Local 1197 and President Yackel also sued Edison in state court last fall over staffing cuts.

For more on the present suit.

About Curt Varone

Curt Varone has over 45 years of fire service experience and 35 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014, 4th ed. 2022) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
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