Town Counsel Chris Petrini believes the case could have implications well beyond the town's borders, while Lt. John Magri, president of the firefighters union, wants town officials to live up to the deal they struck with the union.
"Once negotiated, we feel the contract should be funded in good faith," said Magri. "I feel confident the supreme court will side with us."
A Middlesex Superior Court judge granted the department an injunction in 2002 that requires at least 30 firefighters on duty for every shift. One of the 30 workers does dispatch duty, Magri said.
In the Superior Court ruling, the judge said a Proposition 2 1/2 override cannot be used to meet the minimum staffing clause, saying the vote has the potential to fail.
The town must pay for the firefighters' personnel budget out of its operational funds. An override can be used for other aspects of the town's expenses.
Town officials did not appeal the injunction itself, but asked for another look at the ruling that bars using an override to pay for the minimum staffing standard.
"We feel the Proposition 2 1/2 statute gives the community a choice whether certain programs can be funded," said Town Counsel Chris Petrini. "We think we have a valid position, but it's always tough to predict the outcome."
Shortly after the judge's ruling, voters narrowly approved a $7.1 million override. That measure did not include the funding for firefighters.
"Obviously we have a different interpretation of the law than the judge has," Town Manager George King said in February. King declined to comment on the case yesterday.
Magri advocated for the rights of union members and the safety of the town while expressing a willingness to talk at the bargaining table if needed.
"Manning is a safety issue and it always has been," he said. "This is not an arbitrary number. It's a number that took a lot of time and a lot of people to determine."
In several budget presentations this year, King has fielded questions from Town Meeting members about that body's ability to reduce the Fire Department's fiscal 2005 budget and force Fire Chief Michael Smith to eliminate staff.
Such a move is allowed, said King, but he must recommend selectmen support a budget that includes the minimum staffing levels under terms of the court injunction.
