New Twist in NJ FD Suspension: Open Meetings Violation

There has been a new legal twist in the Leonia Fire Department story we reported on last week. Recall that after a prospective member allegedly inappropriately touched a firefighter’s three year old in the fire station, the borough ordered the station closed to non-emergency activities. The borough then suspended the entire department from responding, citing liability concerns.

Following that order, the department’s attorney, Paul Kaufman, filed a public records request with the Borough that included the minutes of the meetings of the borough’s “Fire Committee”. It was the fire committee who voted to suspend the department and close the firehouse. Kaufman’s public records request has apparently revealed that minutes of the fire committee meetings were not kept.

The keeping of minutes at public hearings is more than a minor technicality. State open meetings laws mandate that minutes be maintained and the failure to comply can carry some pretty serious consequences, including criminal charges. Of even more concern in the Leonia case is that in New Jersey a court can declare any action taken at a meeting held in violation of the open meetings law to be null and void.

According to NorthJersey.com, Kaufman alleges the borough violated it own laws, and violated the due process rights of firefighters by not affording them a hearing. Borough officials insist they were within their rights to close the station and suspend operations. The department was reinstated last Thursday, although the firehouse remains off-limits except for emergency response and equipment maintenance.

More on the story.

About Curt Varone

Curt Varone has over 40 years of fire service experience and 30 as a practicing attorney licensed in both Rhode Island and Maine. His background includes 29 years as a career firefighter in Providence (retiring as a Deputy Assistant Chief), as well as volunteer and paid on call experience. He is the author of two books: Legal Considerations for Fire and Emergency Services, (2006, 2nd ed. 2011, 3rd ed. 2014) and Fire Officer's Legal Handbook (2007), and is a contributing editor for Firehouse Magazine writing the Fire Law column.
x

Check Also

Texas Firefighter Backpay Must Be Calculated Week-By-Week

A Texas firefighter who was wrongfully suspended for over four years, and who made more than he would have made if he remained employed as a firefighter, has prevailed in an effort to get the fire department to compensate him for those weeks when he made less than what he would have made. The complicated case involves a firefighter for the City of Big Spring, Fabian Scott Butler.

Court Rules Fire Department Not Immune From Liability For EMS Gross Negligence

The Michigan Court of Appeals has ruled that governmental immunity does not protect a municipal fire department from liability for gross negligence in an EMS related wrongful death suit. The case was brought by the family of Patrick Antonio Clemons-Hodges, against the City of Detroit and two EMTs.