War of Words over Larchmont Fire Department Heats Up

In Court and At the Village Board Meeting

by Joan R. Simon

(June 7, 2007) The conflict between Larchmont’s volunteer firefighters and the Village Board over the appointment of career firefighter Rich Heine as paid fire chief continued to heat up this week. The law suit filed by a group of volunteers against the board inched closer to a resolution, and petitions to allow a referendum on the board’s hiring of Rich Heine circulated through the Village. (See: Judge Weighs Case by Firefighters Against Village Board.)

Meanwhile Mayor Liz Feld fueled the fire at the June 4 Village Board meeting by scolding the resigning volunteers without permitting a response.

Petition Drive Growing

This week, the volunteer firefighters ramped up efforts to gather signatures on petitions to allow the public to pass judgment on the board’s hiring of a paid chief on May 16. They contend that the board’s actions constitute a partial abolition of the fire department, an act subject to permissive referendum. Twenty percent of Village voters must sign a petition before a referendum can be held. As of June 7, the volunteers had gathered 592 signatures, representing approximately 16% of registered voters.

Mayor Feld Criticizes the Suing Volunteers

At Monday’s board meeting, Mayor Feld took issue with the petition drive, calling those involved irresponsible for scaring the residents. "To go door-to-door around the community, to tell everyone that somehow they are not going to be protected as they have been up to now is entirely inconsistent with the oath these volunteers took when they joined the department ," she said.

Mayor Feld insisted that all fire calls were being met and criticized the plaintiffs in the law suit who have stopped responding. The plaintiffs have argued that rather than scaring the residents they are merely informing the public that the majority of active volunteers have announced they will be resigning as of mid-June.

The mayor also criticized the department leadership for failing to providing village boards over the years with “a list of members, equipment and the cost of equipping the volunteers.” She added,  "You aren’t going to know what they are going to walk out the door with," implying that firefighters who have announced their resignations might take village property with them.

As Ned Benton, one of the plaintiffs, a volunteer firefighter and former Village trustee, reached the podium to respond, the mayor asked for a motion to adjourn. "This is our forum tonight," she said. Only Trustees Anne McAndrews, Marlene Kolbert and Richard Ward stayed briefly to hear Mr. Benton defend the volunteer firefighters’ integrity. (See: Firefighter Responds to Mayor.)

Where is the List of Firefighters’ Gear?

Jim Sweeney, a former Larchmont fire chief and another plaintiff in the law suit, later answered the question about inventory. “In fact, an annual physical inventory of the volunteer equipment has been completed every February or March, typically preceding the department budget presentations, for at least the last 5 years.”

Court Battle Continues

The court battle between the board and volunteers also ratcheted up another notch this week. Attorneys for the board submitted final responses to the plaintiffs’ requests for a temporary injunction that would remove Rich Heine as chief and re-install Chris MacDonald, the last volunteer chief. The board’s attorneys reiterated arguments in support of the board’s right to hire a “paid fireman,” or fire chief, to supervise both the volunteers and professional staff. John Galligan of the New York State Conference of Mayors (NYCOM) submitted an affidavit saying many villages operate in this manner. However, the plaintiffs have pointed out that no specific examples were provided to the court.

The defendants also claimed there was no need for the injunction the volunteer firefighters are continuing to seek, saying “there will be no added risk to the community” with the new paid fire chief structure. According to Rich Heine, there are 10 volunteers continuing with the department. Two former volunteers and one new resident have expressed interest in joining.

The issue of safety and the number of active volunteers remaining on the force is at the heart of the injunction sought by the volunteers. Mr. Sweeney explained that of the 28 most active members, 22 have announced they will resign as of mid-June. He said an appropriate question to ask is: “Of those remaining, how active are they and what are their training and experience levels? The new recruits would have to undergo new extensive training requirements.”

Attorneys for the plaintiffs will be filing their final arguments on Friday, June 7. Westchester Supreme Court Justice Orazio Bellantoni has promised a swift ruling on the injunction.

At last week’s hearing, the judge seemed to agree with the urgency of the situation. In granting the defense request to file additional papers this week, the judge nevertheless stressed that he wanted to keep the schedule very tight. “It’s imperative that the decision be made as soon as possible,” he said. “I realize that the middle of June is a critical time.”

Readers can access the documents filed in court by both parties once they are posted at: Sweeney v. Feld.