VOL Volunteer Firefighters Sue Board Over Paid Chief

More Than Half of the Volunteers Announce They Will Resign

by Judy Silberstein*

(May 24, 2007) The continuing conflict between Larchmont’s Village Board and its volunteer firefighters spread to a White Plains court on Friday, May 16 and was reflected at this year’s Memorial Day Parade on Thursday, May 24. Since the board appointed career firefighter Rich Heine as paid chief of the Larchmont Fire Department on May 14, 22 of the 28 most active volunteers have announced their resignations.

Few volunteers participated in the parade. Their antique Fire Engine 1 did not appear. Rich Heine, a medical corpsman with the Naval Reserves, wore his service uniform and marched with the Village Board and other political leaders.

The Lawsuit

On May 16, two days after Rich Heine’s appointment as paid chief, nine leaders of the volunteer firefighters initiated legal action requesting a temporary restraining order and preliminary injunction that would leave command with Chris MacDonald, the last volunteer chief. New York Supreme Court Justice Richard B. Liebowitz denied the injunction on Friday, May 18, but scheduled an expedited hearing on the merits of the case for May 30.

Why the Rush?

The volunteers’ attorney, Katherine Zalantis, argued that the board lacked legal authority to appoint its own nominee and that Larchmont is in “a confusing and potentially dangerous situation” of having two chiefs. She further argued that the board’s action were tantamount to a partial abolition of the Fire Department, and by Village law, subject to a permissive referendum. That is, the plaintiffs could collect signatures to require a vote by the residents on the question.

Larchmont’s special counsel for labor relations, Vincent Toomey, countered that the board had clear authority to appoint a paid chief and that granting the stay would harm Mr. Heine, a Naval Reservist, leaving him vulnerable to being called back to active duty in the near future. Were he serving as chief, he would not be subject to a recall, argued Mr. Toomey.

Participating in the suit against Mr. Heine and the five members of the Village Board were: Chris MacDonald along with First Deputy Chief PJ Abrahamsen, former Chiefs Jim Sweeney and Brian Payne, who is also the president of the engine company; former Chief and former Village Trustee Mike Wiener; former Village Trustee and Fire Council member Ned Benton; and the presidents of the three other fire companies, Sam Orans, Ray Maldonado and Daniel Heubel. With the exception of Mr. MacDonald, they have all indicated they will resign from active service by mid-June.

So Who Is In Charge of the Fire Department?

According to Mr. Sweeney, the volunteers are following the prior chain of command beginning with Chris MacDonald. According to Mayor Liz Feld, there is only one chief and that’s Rich Heine.

In voting unanimously to appoint a paid chief, the board had cited the need for professional, full-time management in a department where there had been discord between career and volunteer firefighters for decades. “Chief Heine has been managing any fire calls and there has been no confusion over chain of command,” the mayor indicated in an email on Wednesday, May 23. That view was backed up by Rich Heine.

And How Many Volunteers Are There?

Getting an exact count has been difficult; members have been submitting resignations via postal mail, email and oral communication since the board announced its decision. As of Thursday, May 24, a list emailed by Chris MacDonald to Mayor Feld showed 30 members saying they will no longer respond to alarms after June 19, 2007. An additional 10 members have not stated their intentions, but only one of these is an active member with a minimum of 15% attendance at fire calls or other departmental events. Another 10 members have said they will remain; 5 of them are active.

Those resigning include both of the deputy chiefs, PJ Abrahamsen and Greg Hibbard. “It’s killing us,” said Deputy Chief Abrahamsen. “More than likely, my [Larchmont] house is going on the market – I just don’t want to deal with the Village and their issues anymore,” he added. Also resigning was Tom Broderick, the volunteer’s choice for chief who was not approved by the Village Board.

However, Mayor Feld said she had received written resignations from only two volunteers. “What I find irresponsible, unfortunate and inconsistent with the oath they took is to scare residents into thinking that their public safety is at risk,” she said.

The mayor also stood by a statement made earlier in the week: “While we hope those who have expressed their intent to leave reconsider, we have no doubt the remaining volunteers and professionals will move forward to make the improvements we all agree need to be made to provide the best fire protection service in the most financially responsible manner.”

New Volunteers?

Rich Heine said there are several prospective members, including two former volunteers who have not been active in a while. “We’re talking with people to see if they would be a good fit,” he said.

Asked what would happen if the current volunteers resign as they say they will, he said, “I do not see drastic changes in how we respond – all calls for service will continue to be answered as they are today, and as they were yesterday.” For now, mutual aid is in effect, he said. “We will review our staffing levels and insure a safe response for everyone who is responding,” he added.

Judy Silberstein is married to Ned Benton, a volunteer firefighter and a plaintiff in the suit against the Village Board.

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