By Jeff Morganteen
The Advocate Staff Writer
Posted: 12/09/2008 02:57:17 AM EST
STAMFORD - The city has sued the volunteer fire marshal at the Turn of River Fire Department, saying the state law empowering marshals does not apply to volunteers, the city attorney said.
In a hearing Monday in state Superior Court in Stamford, the city challenged Turn of River to prove whether its fire marshal has authorization to perform his duties, said Thomas Cassone, director of legal affairs. Marshals enforce codes and investigate causes of fires.
The city filed the lawsuit against the marshal, Capt. Antonio Olive, because it wanted to make sure the Turn of River district has an authorized fire marshal, Cassone said. According to the state Judicial Branch's online database, the suit was filed Nov. 4.
Olive's lawyer, Mark Kovack, said he filed a motion Monday to dismiss the case, but the hearing was continued to next week. Kovack represents the cash-strapped Turn of River Fire Department in two other lawsuits with the city.
While not a party in this suit, the all-volunteer Turn of River Fire Department is mired in a legal contest with the city over budget cuts and control of firefighting in the district.
In addition to Turn of River, Belltown volunteer firehouse also has the city in court - part of an ongoing contest for control of fire districts.
Turn of River Chief Frank Jacobellis said the lawsuit is an attempt to increase the department's legal fees when it already faces severe budget cuts. After Turn of River fought the city's attempt to merge
"This is just another way to drain our money down so we can't afford to be a volunteer department any more," Jacobellis said.
Olive has been the fire marshal at Turn of River since July 1, when the department went all-volunteer after the removal of 17 career firefighters.
Citing provisions in the city Charter and a management agreement between the city and the firehouse, Kovack said the city honored fire marshal appointments at Turn of River until it filed the suit.
Olive also is a paid fire marshal for the Long Ridge Fire Co., a combination volunteer and paid department. No lawsuit has been filed over whether he can work there, Kovack said.
"The same scenario seems to be present there, but for whatever reason, Turn of River has been singled out," Kovack said.
The case will decide whether Olive can work as a fire marshal in the Turn of River district, Kovack said. The city likely would have a career Stamford Fire & Rescue marshal take over if it succeeds in court, he said.
Like Turn of River's other two suits with the city, this calls for interpretation of the city Charter, Kovack said.
In the two other suits, Turn of River says the city violated the Charter and the management agreement by diverting taxpayer money from the district to the paid city department, and placing city firefighters in the district.
The lawsuits stem from a consolidation plan the city tried to implement last year that would have staffed three combination fire departments - Belltown, Turn of River and Glenbrook - with city firefighters.
Only Glenbrook agreed to the plan. Belltown had its budget drastically reduced and has taken the city to court.
- Staff Writer Jeff Morganteen can be reached at jeff.morganteen@scni.com or 964-2215.