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NY Post
New York Post
6 May 2023


NextImg:Ex-FDNY spokesman wrongly fired over ‘leak’ by boss Kavanagh: suit

Embattled Fire Commissioner Laura Kavanagh had a longtime FDNY spokesman fired after falsely making him the scapegoat for the leak of a recording of a contentious department meeting, shocking new legal papers claim.

A bombshell age-discrimination lawsuit filed against Kavanagh in March – alleging she demoted, ousted, or retaliated against 15 top department chiefs and other staffers – now accuses her of being the mole who breached FDNY policy by ensuring the closed-door Feb. 3 confab was recorded and leaked to the Kavanagh-friendly Daily News.

The amended Brooklyn Supreme Court suit filed Friday includes a slew of new allegations – including that longtime Deputy Commissioner for Public Information Frank Dwyer was forced to take the fall for the leak.

“In an attempt to cover up her role in leaking the recording . . . Kavanagh falsely accused Frank Dwyer . . . of leaking it and had him fired,” the lawsuit claims.

“Kavanagh fully knew Dwyer neither made (since he did not attend the meeting) nor leaked the recording,” the suit claimed.

During his final day at the job two months ago, Dwyer had his department phone, identification card, and computer confiscated and was escorted out “like a criminal,” according to a source with knowledge of the incident.

Former FDNY Deputy Commissioner for Public Information Frank Dwyer was forced to take the fall for a leaked recording of a meeting, according to a lawsuit.
LinkedIn

FDNY chiefs

Fire Commissioner Laura Kavanagh’s tenure at the FDNY has been fraught with conflict and lawsuits.
Paul Martinka

However, Dwyer, who is not named as a plaintiff in the lawsuit, bounced back quickly by being appointed deputy commissioner for public information Wednesday for the city’s Correction Department.

He didn’t return messages.

When Kavanagh hosted the closed-door meeting, she was already facing a mutiny by some of her top chiefs for snubbing long-standing Fire Department protocol on personnel moves while demoting three of them. She was reportedly recorded in the gathering demanding innovative ideas of how to advance the department — but instead was floored with questions by the chiefs about vacation time and how far they can drive their take-home city vehicles without getting in trouble.

The amended suit also paints Kavanagh as a master media manipulator who’s successfully used the Daily News and New York Times to push a narrative that she’s been bombarded with disrespectful, unfair criticism because of her gender since being named the city’s first female fire commissioner in October.

Laura Kavanagh

The lawsuit accuses Kavanagh of making sure the meeting was recorded and leaked to the Daily News.
Ron Adar / M10s / SplashNews.com

“The narrative being told by the Commissioner — that the Staff Chiefs are bucking her leadership because of her gender — is a lie. Commissioner Kavanagh’s administration is hurting all of us with ageist harassment and retaliation, and making terrible decisions that negatively impact safety and readiness,” says the suit, quoting plaintiff Carla Murphy, 56, who manages the EMS computer-aided-dispatch system.

Besides Murphy, the amended suit adds two other plaintiffs: former FDNY Chief of EMS James Booth, 59, and FDNY Deputy Assistant Chief of Safety Frank Leeb, 54, who earlier this year joined other agency bigwigs in demanding to be dropped in rank following the controversial shake-up in leadership launched by Kavanagh – a request Kavanagh refused.

They joined a suit initially filed on behalf of ex-FDNY Assistant Chief of Fire Prevention Joe Jardin, 61; Assistant Chief of Operations Michael Gala, 62, and Chief of Uniformed Personnel Michael Massucci, 59.

A lawsuit against Kavanagh was initially filed by former FDNY brass including Assistant Chief of Operations Michael Gala.

A lawsuit against Kavanagh was initially filed by former FDNY brass including Assistant Chief of Operations Michael Gala.
Paul Martinka

The March legal filing names Kavanagh and FDNY Deputy Commissioner JonPaul Augier.

The March legal filing names Kavanagh and FDNY Deputy Commissioner JonPaul Augier.

The new suit adds First Deputy Commissioner Joseph Pfeifer.

The new suit adds First Deputy Commissioner Joseph Pfeifer.
Michael Graae/Getty Images

The March filing named the City of New York, Kavanagh, and one of her top confidantes, FDNY Deputy Commissioner JonPaul Augier, as defendants, but Friday’s legal papers added two others: Luis Martinez, an NYPD lieutenant on leave to work for Kavanagh as her chief of staff, and First Deputy Commissioner Joseph Pfeifer, a decorated, retired chief who Kavanagh convinced to rejoin the department in February.

The suit seeks unspecified damages.

In February, the FDNY and Kavanagh were slapped with a different lawsuit to overturn the demotions, but a judge denied a request for a temporary restraining order. Yet the upheaval spread, with eight more chiefs — in a department that prides itself on unity and fraternity – giving up their rank and demanding to be put back into the field in solidarity with the plaintiffs who were demoted.

When asked about the amended lawsuit, FDNY spokeswoman Amanda Farinacci said “This is another unfortunate attempt to spread baseless rumors to undermine the reputation of the greatest Fire Department in the world.

“The fire commissioner remains focused on keeping New Yorkers safe and increasing safety for the members of the FDNY,” she said.