nothin Call This One “Ricci v. Black” | New Haven Independent

Call This One Ricci v. Black”

David Yaffe-Bellany Photo

Almodovar takes oath.

The Chief’s Office on the third floor of the Fire Department was set up for a photo-op — the promotion of a popular firefighter, against a backdrop of flagpoles and framed photographs. Then firefighter’s union president Frank Ricci stepped forward to complain.

By what authority is he getting promoted today?” said Ricci, turning to Interim Fire Chief Ralph Black. This wasn’t approved, Chief. You’re lying.”

Ricci — the president of International Association Firefighters Local 825, and the named plaintiff in Ricci v. DeStefano, a landmark U.S. Supreme Court case against the city that overturned some affirmative action promotional practices — faced off with Black in front of a crowd of city officials and firefighters gathered Tuesday morning for the promotion of Antonio Almodovar to director of training.

As onlookers gasped, Ricci interrupted the ceremony to argue that the chief did not request approval from the Fire Department Board of Commissioners before he promoted Almodovar — an apparent violation of city and departmental protocol.

Black, attempting in vain to talk over Ricci as the union president addressed the cameras, countered that the Board of Commissions did in fact approve the promotion at its May 31 meeting.

I am lying to nobody,” Black said. You may leave now if you have anything else that’s gonna stop this promotion. You can go through legal means to go check how this process was done.”

Fire Commissioner William Celentano, just steps away from the brewing argument, raised his hand to intervene: I approved that,” he said of the promotion.

Ricci: “You’re a liar.” Black” “I’m lying to nobody.”

Then you’re a liar, too, Commissioner,” Ricci replied.

The tape doesn’t lie,” he concluded, slapping his iPhone onto a nearby table. 

Ricci was referring to an eight-minute recording of a May 31 commissioners’ meeting. On the recording, Black can be heard saying, There’s not gonna be a promotion or anything today.” Black can also be heard announcing that the next round of promotions — to a number of positions including director of training — will not take place until July.

The city charter states that boards of commissioners shall have sole power of appointment and promotion of all sworn members and employees of their respective departments, under such rules and regulations as they may adopt for the purpose.”

The official Fire Service Rules and Regulations hammer home that point: No Appointments or Dismissals shall be made without the assent of four Commissioners.”

Black declined to answer specific questions about the contents of the recording. But after ushering Ricci from the room, he delivered off-the-cuff remarks to the assembled media.

I apologize for what just transpired,” Black said. It’s his right to say what he wants to say, but I don’t believe this is the forum for that.”

We went through with labor relations and other people the steps that are needed to promote a very fine person to the position of director of training,” he continued.

Black is a finalist for the permanent position of chief. The Harp administration is in the latter stages of filling the position.

Lying?”

In an interview after the ceremony, Celentano maintained that he had voted to approve Almodovar’s promotion at the May 31 meeting.

Ricci —  best known for the 2009 Ricci v. DeStefano 2009 reverse-discrimination lawsuit — told the Independent that he had sat in on the meeting. He insisted both Black and Celentano were lying about what took place.

He added that the promotion ceremony amounts to more than just a trivial lapse in procedure. It represented a grave error that could cost taxpayers millions of dollars in lawsuits against the city, he said.

Fire Commissioner Will Celentano and Interim Chief Ralph Black are blatantly lying to the public to cover for their own incompetence,” Ricci said. The one issue that has plagued this department for years at the cost of the taxpayers has been the chief’s office’s unwillingness to follow its own rules.”

Fire Marshal Bobby Doyle congratulates Almodovar.

He cited the case of firefighter Aaron Brantley, a convicted felon whose dismissal from the department was overturned due to procedural errors during his termination hearing, as further evidence of arrogance” and lack of understanding” in the chief’s office

But Ricci also maintained that Almodovar, the former president of the Hispanic Firefighters Association, is the right candidate for the position of director of training. 

In the chief’s office, the promotion ceremony continued as planned after Ricci left the room.

I have seen nothing except for leadership and professionalism out of this individual,” Black said during the ceremony. This day is Antonio Almodovar’s day to shine. It’s the Department’s day to shine, and it’s the city of New Haven’s day to shine.”

City Chief Administrative Officer Mike Carter said during the Ricci-Black confrontation that he fully endorses” the promotion.

It surprised me that any city employee would act out in such public fashion to try to embarrass his or her employer,” mayoral spokesman Laurence Grotheer said later.

No Hard Feelings

Black and Almodovar during the ceremony.

On his way out of the ceremony, Ricci assured Almodovar that he continues to have the full support of the union.

You should be promoted. You are number one,” Ricci said. You should have a proper ceremony with your family, with the battalion chief and fire marshals. We are not taking away from that.”

For his part, Aldmodovar said he has no hard feelings about the interruption, and that he understands Ricci was simply doing his job.

I’m a member of the local, and you’re the leader of the local,” he told Ricci in the Fire Department parking lot after the ceremony. I understand that the local has to look out for the members.”

The pair shook hands before Almodovar drove away.

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