Troy, NY, Union Head Suspended for Refusing 'Dangerous' Training Drill

Oct. 18—TROY — The firefighter who leads the firefighters union is contesting a 15-day suspension without pay after being charged with insubordination for refusing to participate "in a dangerous training exercise conducted" by a state agency, the union said Friday.

Firefighter Eric Wisher, a longtime member of the city's fire department and president of the Troy Uniformed Firefighters Association, Local 86, refused to participate in training conducted by the state Office of Fire Prevention and Control. The agency has faced questions and a lawsuit over the 2021 death of a Watertown firefighter who died while training at the state academy in Montour Falls. Wisher said Troy firefighters have been injured during training exercises run by the state office.

"The competency of OFPC is a significant issue. I am very aware of the risk of being a firefighter — however, no training exercise should result in loss of life or severe injury. It's not clear to me whether the city of Troy or the state of New York take that same position," Wisher said in a prepared statement confirming his suspension.

Wisher was ordered by a superior officer to participate in the training by putting on his equipment and doing as much as he could. Wisher refused to take part in the exercise.

"The training in question, developed by fellow firefighters, is designed to build mask confidence, and ensure the safe operation of lifesaving equipment. Participation in such training is not optional. It is essential for the safety of each firefighter and their colleagues," Fire Chief Rich Cellucci said in a statement Friday.

"We deeply value the bravery and commitment of our first responders, whose dedication keeps our community safe. The welfare of our firefighters is paramount, and it is our duty to provide them with the best training and resources to ensure their safety as they put themselves in harm's way to protect us," Cellucci said about the situation.

Wisher earned $132,323 in 2023, according to the SeeThroughNY.net website that reports public employees' salaries.

Wisher hopes to overturn the suspension through an appearance before a hearing officer under the Firefighters Bill of Rights Statute. The union filed a complaint with the state Public Employment Relations Board "based on the training being implemented without negotiating with the union and because the discipline was in retaliation for his union activities."

The Troy firefighters contend that the "controversial and dangerous training exercise requires firefighters to maneuver through a confined environment while wearing a self-contained breathing apparatus."

They cited the death of Peyton Morse, the 20-year-old Watertown firefighter who went through similar training March 3, 2021, while attending the state Fire Training Academy in Montour Falls, outside Watkins Glen. Morse's family sued the state in 2023.

"Numerous Troy firefighters have also been hurt in the training in the past," the statement issued on behalf of the union and Wisher said.

Five Troy firefighters needed hospital care after a Sept. 14, 2023, accident during an exercise at the Colonie Fire Training Tower. At the time, Wisher said the firefighters were burned while they trained to be instructors. The Office of Fire Prevention and Control ran the class.

The union and Wisher are represented by Nathaniel Lambright of the Blitman & King law firm.

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