FOR THE RECORD

Two unions representing supervisors in the Police and Fire Departments last week offered a study in contrasts in their reaction to the plight of embattled State Comptroller Alan G. Hevesi.

Sergeants' Benevolent Association President Ed Mullins withdrew his union's endorsement of Mr. Hevesi's re-election bid Oct. 24, citing the findings of the State Ethics Commission a day earlier that the Comptroller improperly used an employee to chauffeur his ailing wife. The panel also questioned whether he had intended to reimburse the state for the services rendered.

Sergeant Mullins said in a statement that the charges against Mr. Hevesi indicated he had violated the public trust. "They suggest a total lack of regard and respect for the law, as well as a blatant misuse of public funds for personal use." On Oct. 30, the SBA endorsed Mr. Hevesi's Republican opponent, Chris Callaghan.

Uniformed Fire Officers' Association President Pete Gorman went in the opposite direction, sending a bulletin to his members reaffirming support of Mr. Hevesi.

"We're gonna stand by him," he said in a phone interview. Despite this terrible, terrible lapse in judgment and lame excuse, this is about who you're going to trust with a $140 billion pension system, and he's proven himself to be fiscally responsible in running it."

Those comments were made prior to the debate that evening in which Mr. Hevesi brought out Mr. Callaghan's belief that the current state pension system should be scrapped, with future workers being given 401(k) accounts whose payouts are determined by employer and employee contributions rather than defined benefit pensions pegged to years of service.

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The feud between Correction Captains' Association President Peter Meringolo and Labor Commissioner James Hanley has reached a new nadir, with the union leader vowing to sue the city's top negotiator for defamation of character over comments he made to this newspaper suggesting the labor head was acting irrationally. "Peter seems to be going through a rough patch and I hope he gets better," Mr. Hanley told us during an Oct. 12 phone interview. "His episodes do seem to be coming a little more frequently."

The dispute began after Mr. Meringolo angered the longtime Labor Commissioner by threatening to lobby the City Council to veto legislation that would enable the Correction Department to expand its steady-tour program. Mr. Meringolo contended that the wording of the bill, which was overwhelmingly passed last week, was too vague.

Defamation suits are always tricky and rarely successful, several legal experts said. They noted that public officials are protected under the law, which requires complainants to prove that they were "damaged" by the remarks. "How do you prove damages?" one attorney asked. "It's really got to be a real malicious thing that as a result your wife left and you've gone into the fetal position."

One attorney, who asked to remain anonymous, said that he typically urges his clients to stay away from such suits. "I would say let it go," the lawyer remarked. "You're just feeding it. I've brought those suits; they never get anywhere."

But such opinions haven't deterred Mr. Meringolo, who stressed that he won't seek a monetary award. "I'm demanding a public apology in [The Chief]," he said.

"Jim Hanley overstepped his bounds," he continued. "He's going to have to explain that statement in court."

Mr. Hanley chose not to respond to the CCA leader's remarks and his threat of legal action.

His comments were not the first ones that have upset Mr. Meringolo. In May, during heated contract talks with the CCA, Mr. Hanley said, "Those who are not seasoned feel compelled to make things up."

Mr. Meringolo, a Vietnam veteran and longtime labor leader, was livid over those remarks as well. "Just because he works for the Mayor, that doesn't give him the freedom to say anything," he asserted last week. "He's like a little baby. If I don't play by his rules, he's going to take his ball and go home."