Addendum in Support of Complaint for Violation of Civil Rights

Addendum in Support of Complaint for Violation of Civil Rights

  1. On April 9, 2022, I filed a Master Fire Suppression Piping Contractor (“MFSPC”) Class B license application. On July 20, 2022, the New York City Department of Buildings denied my application on the ground that I had failed to demonstrate at least seven years of planning, design, or installation of fire suppression piping systems (Exhibit A).
  2. On August 30, 2022, Angel Davila, my co-worker at V. Barile, swore an affidavit, affirming that he worked with me. He swore that she witnessed me performing inspections, testing maintenance, repair and installation of stand pipes, sprinklers, and Combo systems. He also observed that I performed measurements, cutting, fabrication, and fitting of blk pipe, Galvanized pipe, and Ductile Iron Pipe. Further, he swears that many fittings, valves, plumbing and fitter tools were used (Exhibit B, pg. 1).
  3. On August 30, 2022, Francis Millette Jr., my co-worker at V. Barile, swore an affidavit, affirming that he worked with me. He swore that he witnessed me during the installation/design, repair and maintenance of fire suppression systems in New York City Housing Authority. He further swore that he witnessed me inter alia, install sprinkler systems, measure and cut pipes, measure, cut and apply bracing to pipes, and measure locations for pipe penetrations (Exhibit B, pg. 2).
  4. On September 9, 2022, Brendan Kirk, my former workmate at V Barile, swore that he worked with me at V. Barile, during the installation, testing, maintenance, and repair of fire suppression systems. Brendan further swore that he witnessed me perform the following: taking measurements, cutting pipe, fabrication, installing sprinklers, installing hangers and pipe bracings, connecting pipe and fittings, testing sprinklers and standpipe systems for the FDNY, and responding to emergency calls after fires or major breaks in the fire suppression system piping (Exhibit E).
  5. On December 9, 2022, the Defendant conceded that “Design” is not a defined term in the NYC Building Code (Exhibit L).
  6. On September 15, 2022, I requested for a reconsideration of the Department’s denial of the application (Exhibit A).
  7. I have a Master Plumber or Master Fire Suppression Piping Contractor Experience Verification Form. The Form filled on January 11, 2023, contained a statement from my supervisor, Mathew D. Walby, affirming inter alia, that I was employed from May 14, 2014 to April 3, 2017, at V. Barile Inc. Walby affirmed that I worked as an inspector, and was involved in the inspection, testing, maintenance, repair, and installation of water-based fire sprinkler and standpipe systems (Exhibit C, pg. 3, Question B).
  8. On February 6, 2023, I received the determination of the New York City Department of Buildings regarding my Freedom of Information Law (“FOIL”) request for all Master Plumber or Master Fire Suppression Piping Contractor Experience Verification Forms received between July 1, 2019 and April 9, 2022. The Department held that my appeal expands the date range of the original request to July 1, 2011 to December 31, 2022, which is not appropriate for a FOIL appeal. The Department only granted my original request and sent me copies of Exhibits F and G (Exhibit D).
  9. Exhibit F consists of a Form filled on October 2, 2020, which shows that Edward Cortez was employed from 2014 to 2017 at Backflow Prevention of New York, LLC. Paul Paddock, the owner of Backflow Prevention, affirmed that Edward Cortex was a plumbing mechanic under his employment, and that his work involved installing plumbing that was designed by others. Edward was granted Master Plumber license (Exhibit F, pg. 3, Question B; 8, Question B; pg. 11).
  10. Exhibit G consists of a Form filled on January 17, 2020, which shows that Bartlomiej Poziomka was employed from 2018 to 2020 at Orbit Plumbing and Heating Inc. Louis Abramo, the owner of Orbit Plumbing, affirmed that Bartlomiej Poziomka was a plumber/journeyman under his employment, and that Bartlomiej Poziomka possessed extended knowledge of his professional work. Bartlomiej was granted Master Plumber license (Exhibit G, page 3, Question B; 11).
  11. On March 7, 2023, the Department denied my request for reconsideration of the denial of my Master Fire Suppression Piping Contractor (“MFSPC”) Class B license application (Exhibit A). The Department held that there was conflicting information between my former supervisor at V. Barile, Inc., who stated that I performed no work involving fire suppression systems, and my co-worker, Francis Millette Jr, who stated that I performed installation/design of fire suppression systems. The Department therefore held that I had failed to prove that he worked for at least seven years to qualify for the license.

CAUSE OF ACTION

Violation of 14th Amendment Due Process right

  • .S. Code § 1983)
  1. The Defendant acted under color of law to deprive Plaintiff’s property my due process right to fair procedures.
  2. 42 U.S. Code § 1983 provides that:

every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

 

  1. Privileges and immunities in the sense of 42 U.S. Code § 1983 are the personal and civil rights which usage, tradition, the habits of society, written law, and the common sentiments of people have recognized as forming the basis of the institutions of the country. States are therefore commanded neither to make nor to enforce any law that will abridge them.
  2. In this action, Defendant was not impartial when issuing Master Plumbing licenses. Defendant issued Master Plan licenses to other similarly placed individuals, and denied granting my application.
  3. First, Edward Cortez, who was employed from 2014 to 2017 at Backflow Prevention of New York, LLC, filed a Master Plumber or Master Fire Suppression Piping Contractor Experience Verification Form. In the form, Paul Paddock, the owner of Backflow Prevention, affirmed that Edward Cortex was a plumbing mechanic under his employment, and that his work involved installing plumbing that was designed by others. Paul Paddock also stated that Edward did no work amounting to the planning or design of plumbing and/or fire suppression systems. The foregoing notwithstanding, Defendant proceeded to grant Edward a Master Plumbing license (Exhibit F, pg. 3, Question B; 8, Question B; pg. 11).
  4. Next, Bartlomiej Poziomka, who was employed from 2018 to 2020 at Orbit Plumbing and Heating Inc, filed a Master Plumber or Master Fire Suppression Piping Contractor Experience Verification Form. In the form, Louis Abramo, the owner of Orbit Plumbing, affirmed that Bartlomiej Poziomka was a plumber/journeyman under his employment. Louis also stated that Edward did no work amounting to the planning or design of plumbing and/or fire suppression systems. The foregoing notwithstanding, Defendant proceeded to grant Edward a Master Plumbing license (Exhibit G, page 3, Question B; 11).
  5. I cannot therefore understand why when it comes to my case, the Defendant refuses to grant me the license yet it did for the aforesaid individuals. Notably, I have proof of statements from my co-workers whose statements imply that I did work amounting to the planning or design of plumbing and/or fire suppression systems. For instance, Brendan Kirk swore that he witnessed me perform the following: taking measurements, cutting pipe, fabrication, installing sprinklers, installing hangers and pipe bracings, connecting pipe and fittings, testing sprinklers and standpipe systems for the FDNY, and responding to emergency calls after fires or major breaks in the fire suppression system piping (Exhibit E).
  6. It follows; the Defendant’s decision is arbitrary because it granted the said individuals Master Plumber licenses but denied my application, yet I have even better qualifications than the individuals.
  7. Next, Defendant applied an erroneous definition of design. In its correspondence to me dated December 9, 2022, the Defendant stated that a “registered design professional must provide hydraulic calculations and construction documents”. Defendant further acknowledged that “[d]esign” is not a defined term in the NYC Building Code, and that where terms are not defined through the methods authorized by 2022 NYC Building Code, such terms shall have ordinarily accepted meanings such as the context implies.
  8. The Defendant misinterpreted the word design by giving it a strict interpretation requiring a design professional to provide proof of hydraulic calculations and construction. Since there is no concise definition of design, no such strict interpretation should be given to the word. Defendant’s requirement for people applying for a Master Fire Suppression Piping Contractor (“MFSPC”) Class B license to prove hydraulic calculations and construction would unduly limit the number of qualified applicants.
  9. As a matter of fact, I performed duties, which meet the threshold under New York City Administrative Code Section 28-410.4.1(1). Notably, I was involved in the inspection, testing, maintenance, repair, and installation of water-based fire sprinkler and standpipe systems. Plaintiff also performed the following: taking measurements, cutting pipe, fabrication, installing sprinklers, installing hangers and pipe bracings, connecting pipe and fittings, testing sprinklers and standpipe systems for the FDNY, and responding to emergency calls after fires or major breaks in the fire suppression system piping.
  10. The foregoing tasks surely meet the threshold for proving one’s qualification for a Master Plumber license.

 

Dated: _______________

___________________________

RODNEY MELVIN

 

 

 

 

 

 

 

 

 

 

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