The latest round in the fight between the City of Hackensack at its EMTs could be considered a split decision.

Superior Court Judge Menelaos Toskos ruled Sept. 12 that the city administration’s plan to transfer Hackensack’s daytime ambulance service to Hackensack University Medical Center (HUMC) was invalid because the move did not adhere to public contract law by not being put out for competitive bid. It was instead inserted into the developer’s agreement between the city and the hospital.

However, Judge Toskos also ruled that the city was within its rights to go forward with the scheduled Sept. 14 layoffs. All eight EMTs, who worked under the command of the Hackensack Fire Department, are now seeking other work.

Reactions line up with city’s political divide

Standing outside of the courthouse after the ruling, union attorney Bruce Leder focused on the judge’s decision regarding the developer’s agreement.

"On behalf of the eight EMTs, we believe that the city violated the law, specifically the law involving the bidding of public contracts," he said. "I’m happy to say that the judge issued an injunction against the award of the emergency medical service to the hospital, and they cannot implement that part of the developer’s agreement, otherwise known as Paragraph 13. As for the ruling about the layoffs, I think it was inaccurate. We will pursue an appeal of that part of the decision."

"The city claimed that they have some emergency powers under the statutes, and that they intended to exercise those emergency powers and have HUMC provide those emergency services starting Sept. 15," continued Leder. "It’s rather curious that what they can’t do through the front door, they are attempting to do through the back door."

The city employed the emergency powers that Leder referred to on the evening of Sept. 12. Volunteers stepped in almost immediately after the court ruling and in advance of the Sept. 15 transfer date to man the emergency medical services.

While the EMTs and union officials were alarmed by this move, City Attorney Joseph Zisa defended the city’s actions.

"The city did this in case the court ruled exactly as they did on Paragraph 13," he said. "We have to make sure that we have ambulance services for the residents of Hackensack. To do anything else would be irresponsible."

Zisa went on to state his view of the court’s ruling.

"The court said two things: We have an absolute right to lay the EMTs off, and there is no restraining order that says we can’t," he said. "Number two: we have a technical deficiency with the bid process, and there will be a resolution on the docket at the Sept. 16 council meeting to cure that defect. Within approximately 30 days, that’s going to be done, and the whole issue is going to be gone."

City Manager Stephen Lo Iacono confirmed Zisa’s comments about the bid process. He then took another look at the court’s decision regarding the layoffs.

"What was most important was whether the layoffs were handled properly and could go forward," he said. "The court ruled that they were."

"This whole thing has been a tough situation," Lo Iacono continued. "Maybe now all this emotion will die down."

Union leadership still defiant

Emotions were still running high on the courthouse steps after the verdict.

"The city is getting a million dollars," said Leder, a reference to the terms of the developer’s agreement between the City of Hackensack and HUMC. "They seem to have turned a deaf ear to all proposals brought to them to try to avoid this terrible consequence."

"The real losers here today are the people of the city of Hackensack," said John Linquito, Hackensack firefighter and president of International Association of Fire Fighters (I.A.F.F.) Local 2081. "We acted for the people, for the union, and for the eight EMTs. The people want these guys to stay. The mayor and council have gone against the public. The people are the ones who are really going to suffer. Nobody is going to win here today."