Chief Leader

Fire Commissioner Nicholas Scoppetta, who has final disciplinary authority, has yet to decide on the matter, a department spokesman said last week.

ALJ: 'Unduly Harsh'

At the Office of Administrative Trials and Hearings proceeding, a Fire Department attorney cited the agency's zero-tolerance policy against illegal drugs in explaining why it was seeking to fire Firefighter John Schroeder, a 17-year department veteran who responded to both World Trade Center bombings.

Administrative Law Judge Kevin F. Casey, however, concluded that terminating Mr. Schroeder would be "unduly harsh."

All parties concerned agreed that as a direct result of Firefighter Schroeder's work for the department on 9/11, he now suffers from post-traumatic stress disorder (PTSD) and a chronic lung disability, the recommendation stated.

"He has literally sacrificed his mental and physical well-being for his job and the City of New York," Mr. Casey said.

Mr. Schroeder was one of the first to respond to both World Trade Center attacks. Following the 1993 terrorist bombing, he helped extinguish the blaze from the explosion and assisted in the rescue of a colleague who had fallen into a huge hole in the sub-basement, the OATH decision stated.

Trapped in Rubble

On Sept. 11, 2001, he was assigned to the firehouse directly across the street from the Twin Towers. He reached the 23rd floor of the North Tower, where he stopped to help a stricken colleague.

As the South Tower fell, he rushed out, but was briefly trapped because of a collapsed stairwell. He made his way back to the lobby, where there were multiple explosions, and escaped the North Tower right before it collapsed.

"Among those who perished were five colleagues from respondent's firehouse who had accompanied him to the scene that morning," Mr. Casey said.

Mr. Schroeder spent the next weeks working on the "pile" searching through debris and recovering body parts. In October 2001, after discovering a friend's remains, he was temporarily placed on light duty and assigned to the counseling unit.

Pension Claim on Hold

FDNY doctors later diagnosed him with PTSD and severe lung damage. In May 2005, Mr. Schroeder's application for a disability pension was approved by a panel and forwarded to the department's IB board, which four months later confirmed that decision.

The complete claim, however, has been pending for two years, due to the disciplinary matter which arose after Mr. Schroeder tested positive for cocaine on Oct. 24, 2004.

Mr. Schroeder's attorney, John W. Dunne, stressed that his client isn't looking to return to active duty. "He would be happy to walk off into the sunset," Mr. Dunne said during an Oct. 25 phone interview. "He's not looking to fight back onto the active roster. It's kind of an easy decision for them to do the right thing - let this guy go."

Mr. Dunne noted that his client would not receive his regular pension or health benefits if he was fired. "Basically they are throwing him aside," Mr. Dunne countered. "This is a tragedy for a guy who's literally given his physical and mental health, and that's what all the fire department experts say."

Commissioner Scoppetta, however, has strictly enforced the department's zero tolerance policy against banned substances in the past. At the OATH proceeding, the department contended that Mr. Schroeder should be fired and lose his pension and health benefits in order to deter other firefighters from committing a similar transgression.

The OATH judge concluded that penalty was not necessary. "Allowing respondent to receive his work-related disability pension would not minimize the serious misconduct on Oct. 24, 2004, but it would give appropriate weight to the mental and physical injuries that he sustained on Sept. 11, 2001, and will remain with him the rest of his life," Mr. Casey recommended.