Second Suit Filed to Force Election on Hiring of Fire Chief

by Judy Silberstein*

(October 18, 2007) The Larchmont Village Board has been sued again over their hiring of a paid fire chief, this time by seven Larchmont voters who signed petitions in June requesting a referendum that would either affirm or overturn the board’s installation of the chief. Larchmont Mayor Liz Feld referred to the suit as “unfortunate” at the October 15 Village Board meeting.

Also on the subject of the Larchmont Fire Department, Mayor Feld and Chief Richard Heine apologized to Mamaroneck Town Fire Chief Matt Peloso for comments made at the October 1 board meeting. (See: Criticisms of Fire Department Rebutted and also Mamaroneck Fire Chief Dispels Misconceptions.) "I'm sure nobody here meant to say the Town is worse or better," said Mayor Feld. Each department operates "in ways that are best for our residents," she said, noting there were some similarities and some differences.

On a happier note, the mayor congratulated Chief Heine on the “huge” turnout of around 1000 visitors at a departmental open house on October 13.

The New Lawsuit

On Thursday, October 10, attorneys from the firm of Silverberg and Zalantis filed an action with the New York Supreme Court in White Plains to compel an election on the two fire department resolutions passed by the Village Board on May 17. (Larchmont Appoints Paid Fire Chief; Many Volunteers Resign.) The first resolution called for the provisional hiring of Richard Heine as chief at an annual salary of $115K, and the second gave him authority over all department personnel and apparatus while removing from the volunteer firefighters their role in nominating future candidates for chief.

For the most part, volunteers have governed and led the department, with only one previous chief (a nominee of the volunteers) receiving a salary. Saying the job had become too large for a part-time chief, board members opted this year to hire Mr. Heine, a veteran Larchmont career firefighter and previous volunteer.

The plaintiffs argue that the board’s actions constituted an abolishing of the fire department, at least in part, which triggers NY State law allowing for a permissive referendum. The two resolutions “abolish the Fire Council [of volunteer firefighters] as the governing body of the Fire Department in every significant respect except its name,” they argue. (See: Memo of Law.)

Two sets of petitions, one for each resolution, were delivered to the Larchmont Village Clerk, Eileen Finn, on June 13 and June 15. One included 850 signatures, the other 835 – each represented over 20% of the voters, which is the threshold required to request a referendum. The Village Clerk is named as a respondent in the current suit.

The plaintiffs in the latest suit are all voters who signed the petitions. They include two former Village of Larchmont trustees who are also members of the Larchmont Fire Department and plaintiffs in the previous suit, Ned Benton and Mike Wiener. The other plaintiffs are Janice A. Ring, Frances P. O’Connor, Anthony C. Pavin, Nora J. Carlson and John Troy.

Village Attorney Jim Staudt said his firm is still studying the various legal documents, but “the gist of the suit was in the previous lawsuit.” The board's position was that hiring a fire chief was no different than hiring a paid firefighter, so no referendum was required. Judge Orazio Bellantoni ruled in favor of the Village Board on June 21, and according to Mr. Staudt, the judge “held it would be illegal to hold a referendum.” (See: Judge Rules Against Volunteer Firefighters.)

New court documents lay out the plaintiff’s argument that the latest suit is a new action, since the petitions had not yet been filed when the case was put before Judge Bellantoni. Also, while the plaintiffs in the first case were seeking an injunction to overturn the hiring of the chief, the current suit asks only for a “specific and limited relief” – an election.

The case will be heard by Westchester County Court Judge Gerald E. Loehr as early as October 26. Judge Bellantoni has recused himself.

Village Board Response

At the October 15 Village Board meeting, Mayor Liz Feld said $100K had already been spent on legal fees, which Trustee Jim Millstein called a “real waste of taxpayers’ money.”

Mr. Millstein characterized the ongoing legal fight as a policy difference between the current board and former members of the fire department that would be better resolved in the political arena. “We hold a referendum every year when we hold an election,” he said. “I don’t know why we have to spend another $100,000 when an election will do.”

*Judy Silberstein is married to Ned Benton, one of the plaintiffs in the previous and current lawsuits.