Belleville Fire Fighters sue city, mayor, clerk

The Belleville Volunteer Firefighters Association and resident Matthew Loveland threw a monkey wrench into the dissolution of the city fire department by filing an emergency motion for a temporary restraining order in Wayne County Circuit Court and suing the city, the city clerk, and the mayor.
The temporary restraining order was due to be considered at Wayne County Circuit Court at 9 a.m. Wednesday.
The Intergovernmental Agreement for Fire Protection and Medical Response Services between Van Buren Township and the City of Belleville, that was proposed to go into effect Jan. 1 and last for 10 years, was on the agenda of Monday’s regular meeting of the Belleville City Council.
It was also on the agenda of the VBT Board of Trustees for its work/study session on Monday afternoon and its Tuesday regular meeting.
But at the beginning of Monday’s work/study, VBT Supervisor Kevin McNamara pulled the two items on the agenda concerning the agreement from both the Monday and Tuesday meetings.
Besides the agreement, there was an amendment to the current agreement for dispatch and lockup services to have that service also be 10 years, like the pending new agreement.
Supervisor McNamara told his board that there is a law suit involved now and, “It would be rude of us to discuss this until Belleville makes a concurrent offer.”
But at the Belleville meeting, no law suit was mentioned as a large crowd asked questions about the proposed agreement with VBT for fire fighting and emergency medical services. Many in the crowd wore red stickers saying “I support the Belleville Fire Department.”
The city meeting was opened at city hall and then paused and reconvened at the Belleville High School Commons (cafeteria) where the large crowd could be seated.
Three television crews — from channels 4, 7 and 20 — also moved their camera equipment from city hall to BHS for the discussion on disbanding the city’s 105-year-old fire department.
At the end of about two hours of lively discussion, Mayor Kerreen Conley agreed to put together a committee including Belleville Fire Chief Brian Loranger, VBT Fire Chief Amy Brow, and an expert or facilitator to discuss the proposal.
Chief Loranger said his concern was that the members of city council were not included in the discussions on the agreement. He said he thinks the council saw it maybe a week before he did.
City Manager Diana Kollmeyer said they had been talking with VBT since August and the city council first saw the proposed agreement on Nov. 13 and then Chief Loranger saw it on Nov. 17.
She said the fire fighters were not “pink slipped,” as stated in the newspaper, but she said they were given 30 days notice that the city was “looking into” an intergovernmental agreement that could remove their jobs.
Mayor Pro Tem Jack Loria said he and Councilman Jesse Marcotte talked about the agreement and he said they both agreed “this was a discussion that should have been a little more open.”
He said Councilman Marcotte, who is a fire fighter for Northfield Township, can get an independent person to sit on a committee.
“It should have been done before this point,” Loria said.
“I think the fire department and the council can have some long talks,” Loria continued. “Is the city ready for a millage? You want hometown service.”
Several members of the audience said they would vote for a millage to keep the city fire department.
Councilman Tom Fielder defended the process followed, and said it was “not secret. How should we have done it? We’ve been talking about this for 15 years. We had to have discussions with VBT first.”
A member of the audience asked why VBT officials weren’t present to answer questions and Mayor Conley said VBT was not invited because this meeting was for the city to discuss the agreement.
Alex Corpolongo, a city resident, said he looked into what other communities have done and, “Is this allowed in the city charter?”
Belleville city attorney Steve Hitchcock replied, “My belief is it is permitted to enter into intergovernmental agreements.”
Mayor Conley said the city entered into an intergovernmental agreement for dispatch and lockup services in 2006.
But, the law suit disputes that, saying under the city charter, the city council cannot enter into a 10-year agreement without voters approval.
The law suit, naming the City of Belleville, City Clerk Sherri Scharf, and Mayor Kerreen Conley was filed Nov. 30 and served on the defendants on Dec. 1. The motion for an emergency restraining order was then filed and was to be considered Dec. 6.
The case is before Wayne County Circuit Court Judge David A. Allen. A status conference in the law suit is set for 8 a.m., March 1, before Judge Allen.
The fire fighters retained attorney is Michael L. Ossy, who attended Monday’s city council meeting.
The law suit claims a breach of the city charter by the defendants since it requires any contract for a period longer than one year be referred to the citizens in an election and approved by three-fifths of the electors prior to its execution.
The charter also requires that established departments of city government shall provide for the public peace and health and for the safety of persons and property.
Also, the city manager, not the mayor, is responsible for the administration and direction of all Belleville departments. The mayor negotiated the agreement with VBT, according to the law suit, which was beyond her authority.
The fire fighters ask for a preliminary injunction as well as a permanent injunction to prohibit Mayor Conley and Clerk Scharf from executing the proposed contract with VBT.
“Most pressing is the fact that the proposed agreement will dissolve the city’s 105-year-old Fire Department,” reads the brief for an emergency restraining order. “In addition, without an order, the Mayor and City will be unimpeded in blatantly ignoring the clear and unambiguous language of the charter. It will create a situation where the citizens of Belleville not only lose their right to franchise on this issue, but will also lose their City fire department without approval or any real notice.”