(Front row from left to right: James Sullivan, Jennifer McNamara, Christopher Horgan, Norman R. Cerullo, Senator Greg Ball, Larry Sullivan Jr., Rich Palmer and John Feal)

Brewster, N.Y. – 7/31/2013 – A flaw in the FDNY legacy points system has knocked the dreams of sons of 9/11 heroes seeking to serve in their father’s footsteps.

As a recent Daily News article explains, “the dreams of at least 13 men have slipped in the line to become firefighters because the complicated ‘legacy points’ system bumps offspring of 9/11 heroes looking to serve in FDNY after deaths of firefighters who died of Ground Zero-related illness considered administrative not ‘in line of duty.’”

Senator Greg Ball (R, C, I – Patterson) Chairman of the Senate Veterans, Homeland Security and Military Affairs Committee has a piece of legislation (S5585) to rectify the injustice to these men and is urging the Governor to hurry up and sign the bill into law.

“I am happy that my colleagues in the Senate and Assembly have approved this legislation. I urge Governor Cuomo to sign this important legislation into law, to honor those that have given so much for us. We lost so many brave souls on 9-11 and we still reel from those senseless murders by gutless cowards. What some do not know is that many of those brave enough to respond and blessed enough to survive on 9-11 are suffering and dying from ailments connected to their time spent at and around Ground Zero. Many sucked in a ‘witches brew’ of poisons destroying their bodies. We must honor their sacrifice by giving their children the same opportunity we currently give to children of EMT’s and siblings of police officers and firefighters who were killed the day of,” said Senator Greg Ball. “Often times, legacy points make the difference between these deserving candidates languishing on civil service lists for years or being selected to fulfill their dreams of following in their fallen parent’s footsteps in becoming first responders.”

The bill clarifies existing law by defining the term “killed in the line of duty” to include deaths that were the natural and proximate result of either the attacks on September 11, 2001 or participating in the rescue effort that was conducted in response to the attacks on September 11, 2001.

Senator Ball recently met with James and Larry Sullivan Jr. Their father, Larry Sullivan Sr., from Rescue Co. 5, was a FDNY responder on September 11, 2001. Mr. Sullivan spent days sifting through rubble searching for his lost FDNY brothers and continued that service for a decade after 9/11, exposing himself to all the harmful elements in the ruins.

“In April 2011, my father was diagnosed with a rare intestinal cancer which was directly related to his time spent at ground zero. When my father passed he was still an active member of the FDNY. The fire department recognized his death as line of duty. This recognition led to my two brothers and I receiving a letter from the FDNY awarding us legacy points towards the exam we took in April 2012. With our list numbers, my brothers and I looked forward to starting the process in becoming firefighters. Until the three of us received a devastating letter from the fire department stating that our claim for legacy points did not meet the requirements and our points were taken away from us. Our hearts were broken. The first thing that came to my mind was, ‘is my father’s death not worthy enough to get legacy points?’, said James Sullivan. “I now feel my father’s death is being tarnished and not honored. All my brothers and I want is to follow in our father’s footsteps and honor him by becoming firefighters.”

James and Larry Sullivan, who wish to follow in their father’s footsteps and serve in the FDNY, were both denied from legacy point eligibility. In a May 30, 2013 letter by the FDNY Bureau of Personnel to both children, the FDNY has interpreted N.Y. Cvs. Law § 85a to exclude the children of firefighters killed as the result of their rescue and recovery efforts at Ground Zero from legacy point eligibility.

Currently, in recognition of the ultimate sacrifices of their parents, children of police officers and firefighters killed in the line of duty who wish to honor their fallen parents by joining police and fire departments are awarded additional “legacy” points on civil service examinations (N.Y. Cvs. Law § 85a). Siblings of police officers and firefighters who were killed in the terrorist attack of September 11, 2001 or as the result of their participation in the rescue and recovery efforts at Ground Zero in the aftermath of that horrific attack are granted those same legacy points (N.Y. Cvs. Law § 85b). And children of emergency medical technicians (“EMTs”) killed in the September 11th attack or as the result of their rescue and recovery efforts at Ground Zero also are granted legacy points (N.Y. Cvs. Law § 85c).

However, due to what appears to be a perfect storm of imprecisely drafted previously passed legislation, unfortunate oversight and/or regrettable bureaucratic interpretation of the current laws, children of firefighters killed as the result of their rescue and recovery efforts at Ground Zero who have taken the FDNY civil service examination have recently been stripped of their legacy points and pushed back in the candidate list.


For more information contact Joe Bachmeier at Joe@ball4ny.com or (845) 531-9796.


About Greg Ball

Assemblyman Greg Ball (R, C, I – Patterson) is the Senator for New York State's 40th district. A former Vice President of Exceed International Development Corporation, Ball holds a Bachelor’s Degree in Political Science from the United States Air Force Academy, is currently completing his Masters Thesis of Liberal Studies in International Affairs at Georgetown University, and received an honorable discharge in 2005 at the rank of Captain after service as an active duty officer in the United States Air Force. View all posts by Greg Ball →
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