Judge Rules CCFD Firefighters To Be Paid

Superior Court Judge Brian P. Stern Monday ruled that Special Master Richard Land pay Central Coventry firefighters at least a portion of the nearly $600,000 in various categories of compensation owed to them in accordance with the union's Collective Bargaining Agreement (CBA).

In a response to the firefighters' motion for payment, Land argues that the firefighters have already been paid wages upwards of $2.5 million since last October, and although he does recognize their dedication to the fire district, he feels that fully-funding the contract would be "improper due to the  extreme financial crisis of the district". In his response he also says the union's motion is premature due to ongoing questioning of the CBA's validity, which has not been addressed by the court despite the union's Motion for Declaratory Judgment months earlier. Land goes on to suggest that the court take into account funds needed to operate the district and repay the list of creditors to which CCFD owes money before ruling in favor of the union's request. 

An affidavit filed by union president David Gorman last month listed the items for which firefighters are owed wages and/or benefits, including deferred overtime, overtime for anniversary dates, health benefits, death benefits for one employee, holiday pay, clothing allowance and longevity pay, among others.

During Monday's Kent County Court hearing, Stern addressed a motion submitted to the court by attorney Marc Gursky on behalf of the firefighters' union which referenced an earlier order authorizing Land to pay all wages due to employees "as soon as there are sufficient funds available".

Gursky pointed out two petitions also on Monday's docket filed by Land, requesting approval to pay both the CCFD Board of Directors accountant, David Krekorian, $7,461 and the law firm of Gorham & Gorham $13,912 for services provided by board counsel David D'Agostino.

"I know I'm not the only one who is struck by the irony of the Special Master's position taking for granted the fee application for services rendered by the board's accountant and counsel, and objecting to the petition for wages and benefits being made by firefighters - since this is a fire district and not an attorney district or accountant district," Gursky commented.

He went on to explain that not only have there been no motions made to set aside the CBA in question, have it clarified or declared void in the 14 months since the Special Mastership was established, but that the union has offered several rounds of concessions during contract negotiations  that were ultimately rejected by the board.

"Under that contract our clients worked for four weeks for nothing with the hopes that they would get paid, when at the time it was in doubt," he said.  "We're at the point now where this is just another loan being taken out by the taxpayers of the district that is going to become due."

According to Land, the fire district currently has about $1.5 million in the bank, with expenses ranging from $100,000 to $115,000 a week. He pointed out a payment to the union of approximately $600,000 would leave only about $900,000 to operate the district until Feb. 15 when second quarter tax payments are due.

"There may be one or two things that Mr. Gursky and I agree on and one of them is that this is not a situation where things are fair," said Land. "I'm not suggesting that the way the union has been treated has been fair in this situation at all. What we're doing here is looking at what the district can afford to do at this point in time."

At the conclusion of Monday's hearing, Judge Stern ordered Land to pay firefighters longevity and clothing allowances going forward, but not back payments for the time being. According to union president Gorman, the court-ordered payments will total about $150,000 to be paid out of the current year's budget.

"There is a significant possibility that these liabilities may ultimately become the responsibility of the taxpayers," Stern said. "The court wants to stop the hemorrhaging of more accruing debt."

Stern said he plans to review the various wage and benefit categories before the district's next hearing and charged both Land and Gorman with the task of researching the possibility and effects of making additional payments over time.