By Brian Kelly
The Watertown Daily Times
WATERTOWN, N.Y. — State Supreme Court Judge James P. McClusky reserved decision Thursday in a dispute over the town of Champion’s termination of its fire protection contract with the Champion Volunteer Fire Company Inc.
The town notified the company of its termination in a March 25 letter. The fire company filed an Article 78 proceeding May 19 claiming, among other things, that the decision was “arbitrary and capricious” and in violation of state Town Law. The company maintains that, under Town Law, the town could not cancel the contract unless both parties agreed to it and a public hearing was held to determine whether the move was in the public’s best interest.
The town counters that it was the company that breached the contract by not providing requested information about required physical exams and training for the company’s firefighters and by failing to provide proof of insurance naming the town as an insured party.
In the meantime, the town has decided to expand its contract with the West Carthage Fire Department for fire protection in the area covered by the Champion department.
During a hearing on the matter Thursday, the company’s attorney, David B. Garwood, Syracuse, told Judge McClusky that Town Law dictates that contracts for fire protection or rescue services cannot be canceled by just one party and can occur only after a public hearing is held.
“The town of Champion has not followed either of these requirements, so they cannot terminate the contract in the middle of the year,” Mr. Garwood said. “It can’t be terminated unilaterally. It has to be terminated by mutual agreement, with notice to the public.”
The town’s attorney, Robert J. Slye, Watertown, asked that Judge McClusky either dismiss the Article 78 proceeding or convert it to a breach of contract action, although he contended that it was the company, not the town, that committed the breach. He told Judge McClusky treating the matter as an Article 78 matter would put the judge in the potential position of substituting his judgment for that of a duly elected board.
Mr. Slye said that when information regarding physical exams was provided to the town, it showed that the company’s active roster included eight firefighters, down from the 21 firefighters the town believed were on the roster.
“We sign a contract for 21 and two months later we find out there’s eight. That’s a problem,” Mr. Slye said.
Outside the courtroom, Mr. Garwood disputed Mr. Slye’s numbers, saying the company never represented that its roster included 21 firefighters and that its number has never dropped as low as eight. He said there are 14 firefighters on the active roster, with another person completing training. He said either way, the contract does not specify a certain number of firefighters that must be active in the company.
“The goal here is to get the contract resolved,” he said. “The goal is to get the job done for the residents.”
Judge McClusky told the parties he would issue a decision within two weeks.
The fire company had petitioned the town to dissolve the Champion Fire Protection District, claiming it was not given the full amount of tax money collected in its protection area. The company hopes instead to form a fire district, which is, as opposed to a fire protection district, a political entity with its own elected governing body that may incur debt and require the levy of taxes.
Voters approved the district’s dissolution in December, but the matter is awaiting a final dissolution plan by the town.
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