Court mandates merit-based exams for senior FDNY EMS promotions

Municipal unions petitioned the State Supreme Court to force the FDNY to comply with a 2019 statute that obliges the agency to use competitive examinations for senior EMS positions. The court found that for more than five years the department bypassed the law, appointing EMS Captains, Deputy Chiefs, Division Chiefs and Division Commanders via an internal, arbitrary method described by union leader Vincent Variale as a “good old boys’ club.”

The judge ordered the city to develop appropriate tests, aligning EMS promotions with the merit-and-fitness standards granted to fire officers. Variale said the ruling is a step toward securing equal pay with FDNY smoke-fighters. The mayor’s press office has not commented, and the original petition was filed while former Mayor Eric Adams was in office. This ruling represents a notable legal victory for EMS officers seeking fair advancement procedures.