Conn. Companies Want Funding as Suit Moves Along

Aug. 19, 2013
Previous attempts by Stamford officials to withhold volunteer firefighter funding have been unsuccessful.

Aug. 19--STAMFORD -- Three volunteer fire departments are requesting restoration of their public funding, even as their lawsuit against the city heads to trial.

Mayor Michael Pavia withheld half of the city's annual funding for the Long Ridge, Turn of River and Springdale volunteer fire companies after the three departments sued the city over the ongoing consolidation of Stamford's fire services. The Board of Representatives then cut the volunteers' budgets further, funding them only through September.

"I was simply trying to withhold funding to see exactly how the whole consolidation would shake out and what the ultimate needs of the one fire department were going to be and then allocate the funding accordingly," Pavia said.

But the two sides are still fighting over the consolidation in court, where jury selection is scheduled to start Sept. 10. The three departments lodged the Jan. 28 complaint in reaction to last November's Charter referendum, in which Stamford voters overwhelmingly voted to consolidate the city's paid fire department with its five volunteer companies.

This week, city officials said they are hopeful the two parties will settle before going to trial.

"The underlying lawsuit is down for a trial date in September but the parties are working to hopefully get it resolved before then," said Corporation Counsel Joe Capalbo.

The volunteers' attorney, Mark Kovack, said he wouldn't be surprised if the issue is settled in the courtroom, however.

"I wouldn't be shocked if jury selection starts," Kovack said Thursday. "There's some fundamental differences. Whether we can bridge those difference remains to be seen. We believe the Charter amendments are unconstitutional."

The two parties are still far apart on the details of the fire service's restructuring, but both sides agree the three volunteer departments need the rest of their city funding in order to continue operating.

"Believe me when I tell you I don't think there's a matter more convoluted than this one in terms of specific legal components," Pavia said. "But time has gone by and the initial funds they've received have been used and now we're looking at keeping the lights on and the equipment running and fueled. It's a safety issue."

The volunteers will go before the Board of Finance Tuesday to request the money, which totals about $1.1 million for Long Ridge, $231,000 for Turn of River and $115,500 for Springdale.

Long Ridge needs the funding to pay its 10 salaried firefighters, said Chief Stuart Teitelbaum.

"I have 10 guys who are on the payroll and it costs about $1 million a year to pay them their salaries and benefits," Teitelbaum said. "Ninety percent of the money we get is for our employees, and then we have operating costs like any business would."

Turn of River needs the money to pay its insurance and fuel costs, said Chief Frank Jacobellis.

"We're just looking to make our budget whole," he said. "We're jumping through hoops instead of fire-fighting. It's kind of disconcerting."

Springdale, which hosts an engine of paid Stamford firefighters at its headquarters, needs about $100,000 for operating costs, said Chief Shawn Fahan.

"We've got to work together," Fahan said. "There's no doubt about that. But cutting the funding -- it's just going to hurt the general public."

Previous attempts by Stamford officials to withhold volunteer firefighter funding have been unsuccessful. In 2007 former Mayor Dannel P. Malloy tried to cut Turn of River's $288,000 budget after the department resisted his attempts to station paid firefighters in the volunteer district.

Litigation lasted two years and the court ultimately ruled in Turn of River's favor, ordering the city to restore its funding. That was before last year's Charter change, however.

Turn of River's chief said he'd like to avoid another court battle this time around.

"We've been pushing for a settlement," Jacobellis said. "Why are we fighting constantly? Nobody wants to go to court. We've been down that road before and no one comes out happy. There's so many better ways to solve this, but at the same time we can't just say yes to every single thing."

Public Safety Director Ted Jankowski, who is acting as the fire department's interim chief following the sudden retirement of former Chief Antonio Conte, said he is hopeful for a resolution to the lawsuit and believes the volunteer departments should have their funding restored.

"Right now it seems like they are being cooperative," Jankowski said of the three volunteer departments. "Ultimately we want to make sure public safety is where it should be."

Firefighter union president Brendan Keatley is opposed to restoring the departments' funding, however. In an opinion piece sent to the Advocate Friday, Keatley said the consolidated department should operate with one budget.

"If we all share the common goal of a safe and efficient city, there needs to be one common budget that appropriately allocates money to each firehouse," Keatley wrote.

The decision to restore funding ultimately rests with the Board of Finance and Board of Representatives. On Friday Board of Finance Chairman Tim Abbazia said he wants to see the two sides settle their differences and commit to working together as one department.

"If they've got a restructuring plan based on the new Charter requirements then I think it's appropriate to give them the rest of their funding," Abbazia said. "If they don't have an agreement and they are still pursuing litigation it may not be the right time to approve the funding."

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Copyright 2013 - The Stamford Advocate, Conn.

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