Allegations Against NY Fire Chief Include Defrauding City

May 26—SARATOGA SPRING — A firefighter inside the Saratoga Springs Fire Department is the person who triggered an internal investigation into Fire Chief Joseph Dolan that has led to 16 misconduct charges against the 25-year department veteran.

Public Safety Commissioner James Montagnino declined to provide the firefighters' name Wednesday. However, he said the firefighter provided time records to his office that the firefighter received via a Freedom of Information Law request from the state Office of Fire Prevention and Control.

"The bulk of the investigation was ours but it was triggered by the provision of that initial set of papers," Montagnino said.

That complaint was received by the Public Safety Commissioner on Jan. 27 and Dolan was placed on paid leave Feb. 1. On May 19 the Public Safety Department filed 16 misconduct charges against Dolan.

The alleged misconduct charges include:

— Dolan did not take leave time for the various days in 2022 he attended training at the State Academy of Fire Science in Montour Falls.

— Dolan did not take leave days in 2021 for the times he provided training at the Saratoga County Fire Training Center or in 2022 when he provided training at Troy Fire Department in his capacity as a trainer for the state Office of Fire Prevention and Control.

— Dolan defrauded the city and offered a false instrument for filing by falsely entering time worked into the employee time reporting system.

— Dolan asked Montagnino to secure an over $62,000 Chevy Tahoe and was eventually given one to be used by fire captains to respond to scenes but was used by the chief instead, including for personal reasons.

The various charges constitute both misdemeanors and felonies under criminal law statutes, including instances of grand larceny. However, no criminal charges have been filed against Dolan. Montagnino said he was not ready to comment on whether criminal charges would be filed.

Dolan's attorney Brian Culnan, of Albany-based law firm O'Connell & Aronowitz, has denied the claims.

"I am confident that Chief Dolan has done nothing that should result in the termination of his employment," Culnan said.

"Every time that Chief Dolan was paid for performing services for the city of Saratoga Springs, he was actually performing services for the city of Saratoga Springs."

Culnan said the city doesn't cite a city policy that Dolan has violated.

"The collective bargaining agreement between the chiefs union and the city states that it is expected that the chief will work a 40-hour week, Monday through Friday," Culnan said. "And yet they have proposed to discipline him for providing training on nights and weekends. This despite the fact that his bio on the city's website trumpets that he is a state fire inspector."

Culnan also claims that the firefighter who ignited the investigation has just been disciplined by Dolan.

"Ordinarily, that fact would taint and/or delegitimize the complaint, but it was apparently ignored by Mr. Montagnino because it did not fit the political objectives of him and his minions."

The union representing the city's firefighters declined to provide any comment.

On May 1 the union announced that it had voted no confidence in the fire chief and made a request to Montagnino that he be removed.

Montagnino said he was unaware of whether the firefighter had been disciplined by Dolan.

Dolan, through his attorney, has filed a grievance to the state Public Employment Relations Board alleging improper labor practices by the city.

Assistant Chief Aaron Dyer has been overseeing operations of the department while Dolan has been on leave.

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