The city of Jamestown will be in state Supreme Court on April 6 to present arguments why the court shouldn’t require the city to fill leadership positions in the Jamestown Fire Department.

The case is being heard by acting Supreme Court Justice Stephen Cass in state Supreme Court in Mayville. Answers and affidavits are to be submitted no later than March 31, according to an order dated March 11.

Firefighters and members of the Jamestown Professional Firefighters Association Local 137 are suing the city of Jamestown over consistently leaving management positions such as battalion chief, captain, and lieutenant unfilled with permanent appointments, and instead filling them with temporary ones, even while there is not an emergency situation.

By the city not filling these management positions besides temporary appointments, the documents state that the city — specifically Mayor Kim Ecklund and Interim Fire Chief Ryan Roush — is in violation of Article V, Section 6 of the New York State Constitution, and Civil Service Law Sections 61(2) and 64.

According to a memorandum of law filed by DeAngelo , Civil Service Law section 64 provides limited and carefully circumscribed rights to temporary appointments, which DeAngelo argued cannot occur to cover routine recurring vacancies which are non-urgent in nature. Article V Section 6 of the New York State Constitution also notes in part that appointments and promotions in civil service positions “shall be made according to merit and fitness ascertained, as far as practicable, by examination which, as far as practicable, shall be competitive.”

Another document filed by DeAngelo shows the amount of shifts worked by firefighters in the city acting out of class as Battalion Officers or Lieutenants. In January 2025 there were 116 shifts, February 2025 111 shifts, March 2025 110 shifts, April 2025 131 shifts, May 2025 133 shifts, June 2025 137 shifts, July 2025 143 shifts, August 2025 126 shifts, September 2025 137 shifts, October 2025 146 shifts, November 2025 180 shifts, December 2025 161 shifts, and January 2026 150 shifts. In total the document says there were 1,781 total shifts and 21,372 hours acted out of class in the last 13 months.

“A number of Battalion Chiefs, Captains, and Lieutenants positions at the Jamestown Fire Department have not been filled and Captains, Lieutenants, and Firefighters have been continually asked to perform the duties of Battalion Chiefs, Captains and Lieutenants on a regular ongoing basis,” McLaughlin states in the petitioner’s affidavit. “They have been asked to act in positions for which they have not been properly appointed pursuant to Civil Service law to higher ranking positions.”

In a statement to the Post-Journal, city officials said they are aware of the lawsuit.

“The City of Jamestown is aware that the fire union filed a lawsuit against the City last night and is reviewing the matter with legal counsel,” they said. “The City wants to reassure the public that EMS and Fire services will continue uninterrupted and at the highest standard. The City will have no further comment at this time.”