Two Utica Firefighters Sue City Over Unpaid Suspensions for Medical Marijuana

Two longtime Utica Fire Department firefighter-paramedics have sued the City of Utica in New York State Supreme Court over 60-day unpaid suspensions handed out this summer, CNYHomepage reported on Oct. 29. The suits were filed in September; no hearing date has been set.

What happened: Both men tested positive for marijuana on a July on-duty drug test and were suspended without pay, one at the end of July and one on Aug. 6. Both say they're certified to use medical cannabis.

Their argument: The city's drug policy doesn't expressly ban off-duty cannabis use, and state law doesn't let the city punish certified medical use without a finding that someone was impaired at work. Named defendants include Mayor Mike Galime and Public Safety Commissioner Gregory Getz.

The city's side: The firefighters' union grievances were denied. The city's lawyer says the suspensions were allowed under the union contract and is asking the court to dismiss the case because no notice of claim was filed. The suits could be paused while arbitration plays out.

The Rome Sentinel first reported the lawsuits.