http://www.stamfordadvocate.com/news/local/scn-sa-injunction6jul10,0,4235972.story?coll=stam-news-local-headlines
By Natasha Lee
Staff Writer
July 10, 2007
STAMFORD - A judge ordered Turn of River Fire Department and the city to seek mediation yesterday to resolve a dispute over whether Turn of River must participate in a plan to consolidate three volunteer fire departments into Stamford Fire & Rescue.
Turn of River filed an injunction against the city last month to stop the layoffs of five paid firefighters threatened if it didn't comply with the merger. Turn of River attorney Mark Kovack said the merger violates the city Charter and a 1995 management agreement between the fire department and the city.
Kovack declined to comment on the judge's decision.
But city officials said the merger is the only way to save money and avoid layoffs in the aftermath of budget cuts, particularly an $850,000 cut this fiscal year to the Office of Public Safety, Health and Welfare.
Judge John Downey gave Turn of River and the city two weeks to find a mediator and ordered the fire department to pony up a $5,000 bond to cover the city's legal costs should mediation fall in the city's favor.
Downey said it's not unusual for plaintiffs to submit bonds. City attorney Tom Cassone said the bond would cover costs the city would accrue by having to participate in unexpected legal action.
"We're having to fund something that's not in the budget and it could drive the city into a deficit," Cassone said.
Turn of River was given 45 days to respond to a motion filed by the city last week to dismiss the injunction.
"I hope in the end good things will happen for the benefit of the people," Downey told the courtroom after his decision.
In the meantime, the injunction stands and Turn of River could lose nearly 30 percent of its 17 paid firefighters, depending on the outcome of mediation.
City officials said the plan will beef up fire coverage and cut overtime costs generated by the understaffed volunteer departments. Volunteer chiefs say their departments are autonomous under the city Charter and that they have the right to manage their own firehouses.
Belltown and Glenbrook fire departments signed tentative agreements just before the July 1 deadline, giving the city permission to move 32 Stamford Fire & Rescue firefighters into their firehouses. The two departments stood to lose a total of five paid firefighters.
Springdale Fire Company - which already is staffed with 16 Stamford Fire & Rescue firefighters - and Long Ridge Fire Department - which operates under a separate agreement with the city - were exempt from the merger.
Under the new plan, the 26 paid firefighters from both departments will report to Stamford Fire & Rescue Chief Robert McGrath for daily operations and assignments. The paid firefighters in the volunteer houses, who now operate under a separate labor contract, will be placed under the same contract as Stamford Fire & Rescue.
The volunteer chiefs will retain authority over volunteers and continue to receive city funding for gasoline and other operating expenses.
The merger slightly increased property tax fees in the three districts because they will have more paid firefighters. Depending on the district, taxpayers will pay 50 cents or $1.92 for every $1,000 of assessed property value - still less than the $3.10 paid by taxpayers in the district staffed entirely by paid firefighters.
Cassone said Downey's decision yesterday follows the terms of the 1995 management agreement that allows disputes to be resolved first by mediation and, if necessary, arbitration.
"We have to run a city and keep a fire service," Cassone said. "We submitted to the fire companies a proposal to manage the budget and improve fire service. Two went along and I'm pretty sure we'll be able to resolve this."
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