Larchmont victorious again in battle over paid fire chief

[DR104 141]

Larchmont victorious again in battle over paid fire chief

By AMAN ALI

THE JOURNAL NEWS

(Original publication: November 27, 2007)

LARCHMONT - The village has won the second of two legal battles over its decision to hire a paid fire chief.

The New York State Supreme Court ruled in favor of the village last week in a lawsuit filed by seven plaintiffs who were seeking a public referendum on the issue.

"The village is hopeful, after two litigations, the plaintiffs will be satisfied that they had their day in court," village attorney James Staudt said. "Serial litigation is very draining on the resources of a small community like Larchmont."

The Larchmont treasurer's office said the figures weren't finalized, but that the village has spent an excess of $100,000 in legal fees on the case.

Mayor Elizabeth Feld, in a statement, said the plaintiffs should "stop wasting taxpayers' money and respect that two Supreme Court justices have ruled in support of the Village Board's authority."

The plaintiffs in the lawsuit included Ned Benton and Mike Weiner, two former volunteer firefighters and former members of the Board of Trustees. Benton declined to comment; Weiner could not be reached for comment.

Benton's attorney, Steve Silverberg, said the plaintiffs had not decided if they would appeal the decision.

"Obviously, we were disappointed with the decision," Silverberg said. "But I haven't had the opportunity to review the case with my clients, and then we'll make a decision about whether or not we want to appeal."

Traditionally, Larchmont has a combination career and volunteer fire department. In the past, volunteers appointed a chief from among themselves to oversee the department. But in May, the village Board of Trustees appointed Richard Heine as a paid chief to take over.

Nineteen volunteer firefighters resigned as a result.

The plaintiffs in the lawsuit said the public had a right to vote on the issue. They argued that the village board, to some extent, abolished the fire department.

According to state law, an abolishment can prompt a village referendum, if petitioners can gather enough signatures.

The plaintiffs' argument this time was similar to one made in the first lawsuit, which the village won in June.

Justice Gerald Loehr referenced the June decision in his ruling, finding that the village "clearly" had the authority to hire a paid chief and did not need a referendum.

[ex-commish 490]

What is the issue here? Doesn't the AHD which in this case is the village board have the right to say who they want as thier chief and wether or not they want to pay for this position? Even in fire districts or other cities and villages who have paid chiefs....doesn't the district decide who they want? And in the volunteer depts isn't the "vote" by the company only a recommendation? Doesn't the board have to approve it also?

This is why I feel the election process needs to go. There are volunteer depts in the US that appoint officers based on training levels and experience. I know of one dept in Florida that requires you to be interviewed by the chief and you have to meet requirements set by the department. There is an attorney generals opinion that clearly states the AHD should have say and control over who runs the department as the AHD is ultimately responsible for the actions of it's officers.

[JAD622 40]

Congratulations to both the Village of Larchmont and the Career staff on this decision. Hopefully now they can move forward and spend their efforts on providing their services to the taxpayers of Larchmont and stop wasting taxpayer dollars as well as time and effort on counter-productive, frivolous lawsuits!

[NYMedic37 22]

Congratulations to both the Village of Larchmont and the Career staff on this decision. Hopefully now they can move forward and spend their efforts on providing their services to the taxpayers of Larchmont and stop wasting taxpayer dollars as well as time and effort on counter-productive, frivolous lawsuits!

Well said.

[Guest]

How is LFD currently responding to calls? Is it just 3 paid guys or are there still active volunteers?