NEWARK — An arbitrator has ruled that Fire Director James Stewart overruled a veteran battalion chief's transfer to the city's arson investigation unit last year because he is white.

The decision, signed by labor arbitrator Robert E. Light on Saturday, found that “no other explanation appears plausible” as to why 30-year veteran Arthur Mauriello’s was not allowed to join the unit.

“The ‘bottom line’ was that the decision by Director Stewart to rescind Chief Mauriello’s transfer and to transfer out the only white firefighter in the Arson Unit was indeed based upon race,” the decision said.

The dispute dates back to Dec. 2, 2013 — just one day after Stewart took over as fire director — when he rescinded a transfer approved by his predecessor Fateen Ziyad just a week earlier. The move would have made Mauriello chief officer of the nine-member arson unit, which was otherwise made up of all black and Hispanic members.

According to court documents, Mauriello questioned the decision, and was told a new list of transfers was being prepared. When the list materialized, however, he was the only name left off the original list approved by Ziyad in late November.

The city’s Fire Officers Union filed a grievance contesting the denial, which resulted in a July hearing with Light, where Stewart argued it was based solely on his view that Mauriello’s experience with the department made him a greater asset in the special operations unit, which handles regional responses, building collapses and rescue units.

Stewart, who is black, then failed to file an explanation of his reasoning for the denial within five days of the grievance, as required by a 2008 order issued by a federal judge as part of a lawsuit claiming racial bias in a number of transfers within the department.

During the July hearing, Stewart argued that the move was a “non-transfer” which was not subject to the terms of the order, but Light ruled that the claim “defied credulity”, and determined that it was in fact racially motivated.

In a statement, the fire department reiterated Stewart's argument during his testimony, and said it plans to appeal the decision.

“The decision was never based on race, but on the needs of the organization. There was never anything personal nor racial toward Mr. Mauriello, and it certainly wasn’t because of age,” the city said.

“This man has 30 years of experience, which we value, but because of the restructuring of our organization we needed him in special operations, not in arson.”

The department added that the transfer would have required the city to pay Mauriello's full-time salary for four months while he took a course on arson investigation, as well as $2,000 for the course itself.

Fire Officer Union President Capt. Anthony Tarantino said the ruling contributed to an ongoing perception within the arson unit and the rest of the department’s ranks that personnel moves are being based on factors other than merit.

“There is a problem right now, especially within the director's office, with favoritism,” he said. “(Mauriello) would be a tremendously good fit for the department there, and the pushback — I just question it so much. There is still a racial overtone that exists.”

Stewart is also currently fighting a lawsuit by Ramon Irizarry, a former arson investigator who claims he unfairly denied him a service weapon as retaliation for reporting to authorities that the director sought to provide a firearm to a former arson investigator who was not allowed to be armed, and sent unqualified and politically-connected candidates to the Newark Fire Academy.

Irizarry, who is Hispanic, also claims racial discrimination played a role in the decision.



Dan Ivers may be reached at divers@njadvancemedia.com. Follow him on Twitter at @DanIversNJ. Find NJ.com on Facebook.

