Fairview Discrimination Lawsuit Update

After ABG posted our original story about the Fairview Fire District making a financial settlement with David Hecht, we learned a little bit more information about this case. We currently await the court transcripts to read the actual testimony, but have heard a few things that we find interesting and wanted to share.

One major issue was regarding David Hecht’s residency. While many have stated that Hecht was a Village of  Elmsford resident, Hecht apparently claimed to be a resident of the Unincorporated portion of the Town. Why does this matter? It’s simple, the Fire District’s Board of Fire Commissioners will only hire Greenburgh residents, not Village residents. We’re not sure if they make exceptions or not to the policy.

So this move explains why Hecht lied about his residency while trying so desperately to become a paid fireman. After being turned down, he saw the dream becoming less attainable and decided to initiate a lawsuit against the Fairview Board of Fire Commissioners for age discrimination. Then he enlisted several of his friends to testify on his behalf. One of those friends, retired firefighter Darryl Leake was reported to be disgruntled while on the job and even after he retired, this was a way of getting payback. A current Deputy Chief, as well as a sitting Town Councilman testified on his behalf. Regardless of who spoke on his behalf, Hecht would still not get the job he coveted. And once this last test’s list expired, he would have had to take another fire test and hope to be hired. What we believe is that Hecht could be found to have lied under oath!

Until we can have a look at the court transcripts, we can only surmise what Hecht said under oath based on what he said publicly while trying to make his case via the media. One issue that indicates he lied under oath, is that Hecht applied for and apparently received financial aid via the STAR (School Tax Relief) program from New York State. We’ve been told that in 2007 he applied for STAR exemptions as a resident of Elmsford. Three years later, he applied for STAR exemptions as a Greenburgh resident. One way or the other, if he didn’t physically move, it could be said he lied about one of his residences. Lying on your taxes might cause him some unforeseen financial stress if pursued by authorities, causing him to lose some of his proceeds for tax penalties payment.

Speaking of his award from the settlement, Hecht was suing the Fire District for age discrimination for $1 million. Testimony unknown, we wondered why the District would settle when the evidence pointed to a solid case against him. ABG learned unofficially that Hecht had lined up additional personal lawsuits against the Board members and other firematic personnel. Settling was a cost effective move suggested by the District’s insurance company that would be paying the settlement. So in the end, the Fairview Fire District, Fire Department and the public are finally finished with David Hecht. Or, so we thought!

ABG has learned that now Hecht is suing the Hartsdale Fire District and its Chief, Edward Rush. Apparently, someone informed Hecht that he wasn’t hired by the Hartsdale Fire District because Chief Rush, “didn’t like Hecht.” That statement alone should not be cause to sue, however, we’re leaning toward Hecht accepting another settlement from another insurance company looking to get out from under this as quickly and inexpensively as possible. The fact that Chief Rush may have said he didn't like Hecht could be taken a number of different ways and certainly could have been referring to results and information from his fire test and evaluations, etc. Although we’re sure Hecht will twist it to his advantage seeking another settlement.

Next up in the parade of lawsuits will probably be against the Town of Mamaroneck and the Village of Larchmont, who apparently entertained hiring Hecht before the defecation hit the ventilation with the Fairview FD. Hecht remained with the Fairview Fire Department volunteers but no longer enjoys the camaraderie prior to his lawsuit and is fairly inactive. It remains to be seen what will happen with Hecht’s paid firefighting career or even if he will ever have one. It also remains to be seen if he will be successful suing more fire departments in the future.

Award Made in Fairview Discrimination Lawsuit

Several years ago, David Hecht, 46, a Fairview Volunteer Firefighter, took the Westchester County fire test to try to become a paid firefighter, hopefully with the Fairview Fire Department. Hecht, an Elmsford resident, claimed he lived in the Town of Greenburgh proper and was not an Elmsford resident. Compounding his residency issue, which can only be verified by the District upon an offer from the Fire District, he also claimed he had been discriminated against due to his age. He subsequently filed a Federal age discrimination lawsuit against the Fire District. 

His lawsuit asserted that he had been discriminated against by then Fairview Fire Chief Anthony LoGiudice, who has since retired due to health reasons contracted working at Ground Zero after the terrorist attacks of September 11, 2001. LoGiudice may have had input in the process as Chief but was not the decision maker as to which candidate would be offered a firefighter position. The Board of Fire Commissioners determine who to hire or not hire.

ABG was told earlier that during the interview process, Hecht impressed many on the Board as not being a team player. While this may or may not be a reason to disqualify a person for the position, firefighting finds the need for firefighters to be forced to rely on their colleagues in life-threatening situations and is a consideration of note. And, given there were other applicants to choose from, the decision was made to offer the position to another firefighter. 

It was also disclosed that to hire a younger firefighter over Hecht would offer the Fire District long term benefits of a younger person with fewer physical issues during the main portion of their career. No doubt, firefighting is better suited for a younger person. Also, Hecht’s lawsuit came just before he would be considered too old to be hired. Some say this was his last grandstanding play to get hired.

As to the discrimination lawsuit and settlement of $250,000 to Hecht, he claims he will continue to volunteer with the department. At this point, no one from the Fairview Fire District was available to comment on their decision to settle. While Hecht believes this to be a fair settlement, his goal of becoming a paid firefighter seems to have gone up in smoke.