From Publicbroadcasting.net, November 10

ROCHESTER, NY – The city of Rochester has been ordered by a state supreme court justice to pay firefighters about $3.2 million.

The ruling says that the city used money from a special fund to pay for items that were not allowed, like health insurance and dental insurance. Those benefits were covered by the city's union contract with the firefighters, and therefore can't be paid for with the fund, according to the ruling.

But the city of Rochester says its benefits package with firefighters is already generous, and that if it complies with the ruling to reserve the money for firemen, it could force budget cuts elsewhere in the city.

Tom Richards is a lawyer for the city of Rochester.

"How do we explain that to people? 'Well, we're gonna have to lay off some more people because the firemen want this money - something that you don't get'. And that is the bottom line, that's where we are here."

The law, in question, requires that two percent of premiums paid to fire insurance firms outside of New York State be reserved for the benefit of firefighters. The state then disburses that money to municipalities.

Richards says the law that governs the issue dates back to the 19th century, when firefighters were largely volunteer and had no unions to represent them. He says it's antiquated, and the city is lobbying to change it.

But Glenn Pezzulo, the lawyer who represented the firefighters union in the case says that's "disingenuous."

"You go out and try to break the law right now, break the law, get caught breaking the law, and when you're in front of the judge say 'well judge, I'm gonna talk to my legislature to see if they can change the law that I broke, and knowingly broke, and I have broken this law for the last six to seven years'."

The city of Rochester says it plans to appeal the ruling but Pezzulo says at this point in the legal process, there's not much left for the city to argue.

The issue predates Mayor Robert Duffy's administration, but the current mayor has pursued appeals to allow the city to continue practices established in the previous administration.