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The fire chief who dubbed the city’s new emergency protocol “a recipe for disaster” reiterated his position in testimony before the City Council Monday afternoon.
FDNY Chief of Department Pete Hayden, a 36-year veteran who commanded the emergency response to the World Trade Center attack, was subpoenaed by the Council, after members accused Mayor Michael Bloomberg of trying to stop him from testifying.
Hayden has been very critical of the new rules, which outline which city agency takes the lead in which type of emergencies, including putting the NYPD, not the FDNY, in charge in the event of a chemical or biological terrorist attack. He has said the plan won't make the city any more prepared for an attack than it was on September 11, 2001
Hayden took on his boss, Bloomberg, and criticized the mayor’s plan that puts the Police Department in charge at emergency scenes. Hayden says the FDNY should share the responsibility.
He also accused administrative officials of not understanding the role the FDNY plays following an attack.
“If they're confused, than I'm confused, and my firefighters are confused, and the police officers in the street will be confused, and there will be a compromise in safety,” said Hayden. “That's what this is all about.”
The protocol, which grew out of criticism of the city’s response to the World Trade Center attack, was designed to prevent confusion about who is in charge and improve communication between agencies. Bloomberg established the new rules by executive order last month.
In the morning, Police Commissioner Ray Kelly testified that the mayor's order does not diminish the role of other city agencies. He said the NYPD needs to be in charge in case an emergency is found to be a terrorist attack and an investigation needs to start quickly.
“We know that Al Qaeda and their franchise groups want to come back here to New York,” Kelly said. “It would be a major victory for them. We were attacked here twice. They want to come back with ‘a spectacular event.’ They have worked for many years with chemical, biological and radiological agents. We are talking about agents that can impact thousands, perhaps hundreds of thousands of lives.”
Kelly acknowledged that the Department of Homeland Security recommends that cities put their fire departments in charge of such attacks, not police. But the commissioner said New York, whose police force is larger than the next four largest cities combined, is different.
However, the commissioner did say the FDNY is in charge of the top priority, saving lives.
“It's important to emphasize that nothing we do impedes with life safety operations,” said Kelly. “I want to emphasize that again – that is the first priority. But the investigation then kicks in.”
Fire Commissioner Nicholas Scoppetta and Office of Emergency Management Commissioner Joseph Bruno also testified.
Scoppetta had what he called “critical concerns” about the new protocol that he outlined in a February 3rd memo obtained by NY1, but he now says he'll do what the mayor wants, even though this may inflame the longstanding rivalry between the departments.
“The only responsible thing now for the Fire Department to do is to do everything in its power to make sure that it works and works well, because the stakes are very, very high. We intend to do that,” said the commissioner.
However, Jerry Hauer, the OEM director under then-Mayor Rudolph Giuliani, says it's a bad idea.
“There's no question that the police commissioner has undue influence over the mayor,” said Hauer. “At the end of the day, the mayor listens to the police commissioner on these issues.”
The firefighters’ union also opposes the new rules. Hundreds of firefighters, many in full dress uniform, gathered outside City Hall in a show of support for Hayden.
“The Fire Department has been and is the most qualified and best equipped agency” to handle hazardous material situations, said FDNY Battalion Chief Tom Roach.
Monday’s hearing is not expected to have an impact on the mayor’s order.
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