Pa. Town Seeks to Restrict Apparatus Use For 'Personal Gain'

Sept. 9, 2014
An attempt to restrict fire trucks for weddings and private functions has raised the ire of at least a couple of Franklintown & Community Fire Company members.

An attempt to restrict the use of fire trucks for weddings and private functions and activities has raised the ire of at least a couple of Franklintown & Community Fire Company fire officers in Franklin Town, York County, Pa.

Kaitlin Stough, a lieutenant in the Franklintown & Community Fire Company and 10-year member, believes the majority of the five-member Franklin Town board of supervisors would like to stop fire apparatus from being used for things like weddings and funerals.

On June 28, she and Wilber Stough Jr., the deputy chief of the fire department, were married and the department’s new rescue truck was used during the ceremony.

“We’re 100 percent volunteer and we don’t ask for a lot,” Kaitlin Stough said. “Using the rescue meant a lot to us.” She added that her husband's father, Wilber Stough Sr., died in the line of duty as a member of the same fire department 30 years ago, so fire service runs deep in the family.

Stough said there’s a board of supervisors’ meeting on Sept. 10 and she hopes to pack the room with people who object to the measure.

On the other side, the town is just trying to be responsible for equipment it helps pay for, said Franklin Town’s lawyer, Solicitor Bret Shaffer, who works for the Carlisle, Pa., law firm Baric & Scherer.

Shaffer, who has been representing Franklin Town for the past nine months, said the community’s board of supervisors voted at its meeting last month to have him draft a resolution that would express the board’s preference that the fire company’s apparatus be used responsibly and not for private gain. The vote, however, was not unanimous

“The board of supervisors have asked me to draft a resolution seeking to encourage the fire company to refrain from using publicly funded vehicles for personal use,” Shaffer said. He added the resolution “has no teeth” and is just an expression of a preference that discretion be used with fire equipment.

Shaffer said the supervisors have a responsibility to the taxpayers to make sure the equipment the community purchases is used appropriately. He added that parades, firefighter line of duty deaths and public education events are perfectly acceptable.

According to Stough, the apparatus in the fire company was funded not only by Franklin Town, but Dillsburg Borough and Carroll Township. The fire company pays for the insurance and maintenance costs.

Stough said using a fire truck for a wedding is one of the few benefits volunteers have for the sacrifices they make on a routine basis. Further, she fears the actions of the supervisors in her community could have a chilling effect on departments throughout the nation.

On her Facebook page, Stough wrote: “We put our lives on the line for our community and ask for nothing in return. Is our dedication not worth anything? Would someone dare try to take away military honors to a veteran who has passed away? Absolutely not. This issue is no different.”

Muddying the waters further, Stough said she believes the supervisors in Franklin Town “caved” to a vocal critic who happens to be her new husband’s stepfather who is also a former member of the fire company.

Solicitor Schaffer, who was at the meeting where the topic was initially discussed, said he recalls a “family member” raising the issue, but the fact remains that the supervisors have a responsibility to make sure publicly funded equipment is used appropriately.

He said, for instance, a fire truck at a birthday party, and yes, a wedding, does not serve the public and the supervisors would like the fire company to refrain from those kind of practices.

He added that the board of supervisors have no desire to limit the use for funerals. He said it’s appropriate to honor individuals who have distinguished themselves by public service at funerals.

Shaffer stressed that any resolution ultimately signed by the board would be nothing more than an “expression of intent” and could not be enforced. Use of fire equipment is up to the officers of the fire company.

“It’s not a contract, it’s not an ordinance, it’s an expression, or a hope, that the fire company would use some sensitivity regarding how public funds are used,” Shaffer said.

Stough said the new apparatus was provided to the fire company without any stipulations, as with the other apparatus in the station.

“They are for use at the fire chief’s discretion,” she said.

Stough said she and her husband sought and were given permission to use the apparatus for their wedding. She personally arranged for two neighboring fire departments provide station coverage on her wedding day. She added the community had better coverage than on most other days.

On her Facebook page Stough further wrote: “If this resolution is accepted, I would not be surprised to see members of your local volunteer fire companies hang up their coats. We are not contractually obligated to respond to emergencies or staff the fire station. We do it because it is a passion. Please don't let our pride be stripped from us.”

Shaffer said he hopes people will fully look at the issue before making an emotional reaction to the supervisors’ action. He said they’re just doing their jobs and being responsible to the people who pay taxes by making sure there are no personal gains being made from publicly funded equipment.

“There’s a pretty good relationship between the township and the fire company,” Shaffer said. “The supervisors can’t set a policy. They are just asking that some discretion be used. It’s a non-binding statement of intent.”

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