W.Va. volunteer firefighters threaten to strike statewide

By Rusty Marks
The Charleston Gazette

CHARLESTON, W.Va. — West Virginia's volunteer firefighters may call a strike if state lawmakers don't fix a loophole in state law.

The law holds fire chiefs, other fire officers and members of fire department boards of directors legally liable if a firefighter under their control gets hurt in the line of duty, said Tom Miller, secretary of the board of directors of the Sissonville Volunteer Fire Department. Miller works with lawmakers on legislation that affects firefighters.

In the past, volunteer fire departments carried insurance coverage to protect officers and board members if a firefighter got hurt under hazardous conditions. But Miller said the state's insurance companies will no longer provide the protection.

"One hundred twenty-nine volunteer fire departments will lose liability coverage on Sept. 1," Miller said. By the end of June 2011, no volunteer fire department in the state will still have coverage, he said.

Leaders of many of the state's volunteer fire departments want lawmakers to make officers and board members exempt from being personally sued.

Miller said lawmakers were supposed to take the issue up Monday during the special legislative session called by Gov. Joe Manchin, but didn't.

Miller said volunteer firefighters may call a strike if the Legislature doesn't address the issue soon.

"There are so many fire departments that are fed up with promises from the administration that they're ready to shut the doors," he said. "They think [lawmakers] don't take us seriously."

Miller compared fire chiefs and board members being sued personally for on-the-job injuries with a boss not legally backing an employee who got in trouble for doing something he was told to do.

"I volunteer to go into harm's way to help my community," Miller said. "I do not volunteer to put my home, my future and my children's future in jeopardy to help my community."

Kanawha County Commission President Kent Carper said he has worked hard with volunteer firefighters and lawmakers to address the concerns of the firefighters. But he thinks a walkout is going too far.

"I will not support any form of a strike by any public service employee," he said. "Period."

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