A Syracuse firefighter once accused in connection with a deadly drunk driving crash has now been reinstated to his position.
Ted Ackerman was once charged with tampering with physical evidence. Prosecutors claimed Ackerman unplugged cameras after a crash that took the life 18-year-old Seth Collier.
A former Onondaga County DA investigator was behind the wheel. Peter Rauch was sentenced to 2-to-6 years for leaving the scene of a fatal accident.
The city tried to fire Ackerman for his role in the crash. That battle went to arbitration with the union.
The arbitrator sided with Ackerman despite the city's protest.
Mayor Ben Walsh released a statement after the ruling saying, "We remained deeply saddened for Seth Collier and for his family. Our thoughts and concerns are with them...We believe it is highly unlikely that a court would vacate the arbitrator’s decision despite our strong disagreement with the outcome."
"The fact that he was initially terminated and then reinstated by an arbitrator, I don't know whether or not that is an anomaly," said labor lawyer Joe Lamendola.
According to the city and the Syracuse Firefighters Association, Ackerman will be reinstated.
An independent state arbitrator determined Ackerman violated the department's regulations to be 'held accountable for their conduct while on or off duty; and the commission of an act which might tend to discredit the Fire Department.'
Lamendola says that collective bargaining agreements between two parties typically have a clause to resolve misconduct outside of the courts.
Through the process, an arbitrator found the proper penalty is a lengthy suspension without pay, rather than termination.
"The appeal would end up evoking the jurisdiction of the courts," said Lamendola.
Lamendola says the second party always has the option to appeal a determination. But the city says although it strongly disagrees with the outcome, it will not fight the ruling.
"He's going to be suspended without pay and that seems apparently sufficient to the arbitrator to satisfy the misconduct," said Lamendola.
The city says it's unlikely a judge will undo this determination, therefore reviewing its options for reinstatement. Collier's mother petitioned against Ackerman's reinstatement, presenting 4,000 signatures to the city.
In a Facebook message she writes, "I just find it disgusting that they would allow him his job back. All that work I did was for nothing.”