Five Fire Inspectors Resign
Claim Duty Not Spelled Out in Their Contract
FAIRFIELD (CT) CITIZEN NEWS
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By JOHN KOZIOL

Just minutes after telling the Fire Commission Thursday that other municipalities have been sued for failure to inspect buildings in which a fire later injured someone, Chief Richard Felner told members that five Fairfield fire inspectors have resigned.

The inspectors, beginning with Lt. Scott Bisson on Feb. 8 and followed by Lts. Stephen Curry, Brian Pecora, George Mulligan and Raymond Bullard on Feb. 17, all tendered letters of resignation to the town clerk's office.

Each of the lieutenants, although using sometimes different language, stated that the reason for his resignation is that being a fire inspector is "not required by my current contract as a condition of employment."

During his regular monthly chief's report at last week's meeting, Felner gave members copies of newspaper accounts of how municipalities have exposed themselves to legal liability for failing to properly conduct fire inspections. Later, he told the commissioners that the department probably would not get sued in connection with a 1998 fire fatality on Greenfield Street because, as required under the law, an inspection had been conducted at the premises within the past year.

In the Aug. 27 incident, Felicito Negron died in a fire in a basement apartment, which may have been illegal, at Custom Interiors & Upholstery. A Feb. 29, 2000, letter from Negron's family to the Fire Department indicated that his estate would pursue legal action against the business owner, not the town, Felner told the commissioners.

When Commissioner David Zabel asked about the "fire marshal situation," Felner told him that he had received the resignation letters from the five inspectors and that only Capt. Harry Ackley, Sr., who is the town's fire marshal, remained.

"We're working on that and solving the problem, OK?" Felner said, although he did not elaborate.

On Monday, Alan Menillo, who is the president of the International Association of Firefighters, Fairfield Firefighters Association Local 1426, of which the lieutenants are members, said the deputy fire marshal's position had been filled for a number of years by a lieutenant who, when he was promoted to captain, moved into a different position within the department.

Likewise, the next deputy fire marshal was later promoted to captain and moved out of the deputy fire marshal's position, and Mulligan then assumed the job, Menillo said. When Mulligan left after several months, a lieutenant volunteered to become deputy fire marshal, but Felner rejected his bid, Menillo said, claiming that he had to be certified as a state fire inspector.

Felner then transferred Bisson into the deputy fire marshal's post, but Bisson filed a grievance, which Felner granted on Feb.11, Menillo said, the effect of which was to transfer Bisson back to line duty. Felner then approached each of the department's other certified fire inspectors, Menillo said, who rather than serve, resigned.

The union has maintained that the lieutenant who would serve as deputy fire marshal did not need to have fire inspector certification before taking the job, Menillo said. The contract between the town and Local 1426, he said, does not spell out the terms of employment of a deputy fire marshal, but does state that the department's captains and deputy chief must be certified as fire inspectors, but that they can achieve that certification after coming into the position.

Money also may be a factor in the vacancy in the deputy fire marshal's slot, Menillo acknowledged. While continuing to receive lieutenant's pay, the deputy fire marshal, because his work is performed on days only, would lose the shift differential available to firefighters who work both days and nights and because as a straight time employee the deputy fire marshal would be compensated in a different way for holidays.

Additionally, because he works during the day, the deputy fire marshal's opportunities to work overtime would be reduced to nights and weekends, Menillo said.

Cumulatively, said Menillo, "there's not a whole lot of incentive to want that job," explaining that in a worst-case scenario, a deputy fire marshal could be losing "probably in the thousands" of dollars annually versus what they could earn as a line officer.

"Our position has always been to put in the junior lieutenant in there and to certify him," Menillo said. The union attempted unsuccessfully to work out the deputy fire marshal situation with Felner, Menillo said, adding that he believed any reduction in fire inspections caused by the resignations could be picked up by the department captains, all of whom are certified.

Felner yesterday said he has asked the union in a letter last week to "give me someone qualified to put into the office and we will make them a deputy fire marshal, but at the present time there was no one who came forward who is qualified."

He praised Local 1426 for working with him to find a resolution to the vacancy. "Right now, I'm waiting for the union to come up with someone who wants the position," he said. "We want to do what is right for the town without violating the contract."

He was concerned that as the deputy fire marshal vacancy continues the town "not fall behind" on state-mandated inspections, which, according to the office of the state fire marshal, includes annual ones of "all occupancies except one-and two-family dwellings and premises used for manufacturing."

Details of the deputy fire marshal's position possibly could be negotiated into the new union contract, which would take effect on July 1, said Felner.

Fire Commission Chairman George Tatangelo was unavailable for comment before press time yesterday.