Governor Nixes Sanit Death Bill As Unwarranted;
Approves Law Aiding Police, Firefighter Stroke Victims

By REUVEN BLAU

Governor Pataki last week vetoed legislation that would have granted line-of-duty accidental death benefits to the families of Sanitation Workers and employees in several peace officer titles.

GOVERNOR PATAKI: Sanit jobs less dangerous.

Mr. Pataki's veto message contended that Sanitation Workers "do not face the same degree of danger as Police Officers, Firefighters, and other positions which are entitled to a special accidental death benefit." That statement was sharply criticized by the head of the Sanitation Workers' union.

Police, Fire Stroke Aid

The Governor did, however, sign a bill to allow cops and firefighters who suffer from a stroke to retire with a disability pension. The measure, which is an expansion of the Heart Bill, presumes that officers who experience strokes incurred that ailment due to their stressful job duties, unless proven otherwise.

The accidental death veto Sept. 14 came the day before hundreds gathered to pay their last respects to veteran Sanitation Worker Allen Gormely, who died Sept. 10 of an apparent heart attack while on collection duty. Mr. Gormely, 53, was the third Sanitation Worker to die in as many weeks.

HARRY NESPOLI: Infuriated by Governor's claim.

He was remembered as a "legend" in his garage, who cared deeply for the citizens on his route and was always cleaning and organizing things around him. "If someone living on his route was too weak to put their old furniture out on the street, Al would go inside the house and carry it out himself," Mayor Bloomberg told the mourners gathered in Our Lady of Solace Church in Brooklyn.

'He Made a Difference'

Mr. Bloomberg noted how Mr. Gormely cleaned his garbage truck each day. "Forget about the fact that it's used to transport garbage," he remarked. "That didn't matter to Al ... He truly understood the tremendous difference he and the rest of the guys at B.K. 13 were making."

Mr. Gormely, a 21-year department veteran, also served as a shop steward for the Uniformed Sanitationmen's Association. He is survived by his wife Joanne, two daughters, Christina and Melissa; and a son, Justin, and son-in-law, Anthony Scotto, who are both Sanitation Workers.

STEPHEN J. CASSIDY: Praise for Pataki.

'Ridiculous Statement'

The USA blasted Mr. Pataki's accidental death bill veto. "I hope to God I have no more evidence that my job is also a dangerous job," USA President Harry Nespoli told the Daily News. "To say that my job isn't as dangerous as other jobs - it's totally ridiculous."

The police and fire unions, in contrast, hailed the Governor's decision to allow officers who suffer strokes to retire with a disability pension. "Until this bill became law, when a firefighter's career was ended prematurely by a stroke, it was not considered to be work-related," said Steve Cassidy, president of the Uniformed Firefighters' Association.

According to the measure's fiscal note, the legislation will cost the city approximately $375,000 in fiscal year 2006-07 and increase to $750,000 by FY 2011-12.

But the unions successfully contended that the illness is job-related. "Because of their work effort, and involvement in serious and traumatic incidents on a regular basis, it is undeniable that police officers and firefighters regularly face a level of stress and hypertension that is far beyond [that for] the average person in our society," a memo attached to the bill stated. "We should now further adjust this presumption to properly include the serious and related conditions of hypertension and stroke."

Not Ready for Benefit

The Uniformed Fire Officers' Association thanked the Governor, but noted that only three of its members who suffered a stroke are still on active duty. One of them, Battalion Chief Steve O'Donnell, said he plans to continue to work as long as possible. "This is a wonderful bill and I am thankful for all who made it happen," he said in a statement. "But it was always more for my family and for other members of the FDNY who might suffer through what I did. The uncertainty was more stressful than the stroke."

In June, State Sen. Martin J. Golden, who sponsored the bill in the Senate, said the measure faced an uphill battle. "I think it's a coup that we got it for Police and Fire in the first place," said the former cop. "People argue, 'How do you prove it's job-related?'''

Those unions, however, were able to convince Mr. Pataki to sign the bill into law. Monica Malone, whose firefighter husband Kevin suffered a debilitating stroke, said that the measure would greatly help her family. "Virtually every hour we have had to worry about how we are going to pay our bills and survive," she remarked. "Now that the Governor has signed the Stroke Bill, we can focus our attention where it belongs: on Kevin's recovery."