Press release

Larchmont, New York
May 18, 2007

Today, nine leaders of the volunteer firefighters in Larchmont, including the current volunteer chief and first deputy chief, three former chiefs, and four company presidents, started a legal action to enforce state law concerning the structure of the Larchmont Fire Department and the appointment, by the Larchmont Village Board of a paid fire chief.

The following are documents filed in this case:

• Summons and Complaint
• Affirmation
• Verified Complaint
• Sweeney Affidavit
  Benton Affidavit
• Memorandum of Law
• Order

At the court conference hearing this afternoon the volunteers asked for an accelerated schedule to get this matter heard by the Court on the merits.

At the Court conference, our attorney, Kathy Zalantis of the law firm of Silverberg and Zalantis in White Plains, presented the volunteers' position that the Village Board lacked the authority to appoint a fire chief who is not nominated by the members of the Fire Department, as required by state law, or the authority to appoint a paid fire chief.

The volunteers also asserted and that the Village's action warranted an urgent and accelerated hearing along with a temporary restraining order because of the incident command risks resulting from legal uncertainty as to who is the lawful Fire Chief in Larchmont. Is Chris MacDonald (the elected volunteer Chief) or Richard Heine (the appointed paid Chief) the lawful Fire Chief, and whose orders should be followed?

The Village's central points in reply included a general claim of authority, along with a claim that Mr. Heine could be prejudiced by a temporary restraining order because he might, on any day, be called up to active duty in Iraq. The Village's counsel said that Mr. Heine would be protected from such a call up if he held the title of Chief, but that he would not be protected if it he retained his current position as a lieutenant. The judge asked whether the call up was imminent, and counsel responded that it could be any day.

The judge, Richard B. Liebowitz, granted an accelerated schedule as the volunteers requested. Defendants papers are due on May 24th and the hearing on the merits of a preliminary injunction will take place on May 30th. The request for a temporary restraining order was denied.

For more information contact James Sweeney at press@lfdny.org