The Herald, Sharon, Pa.

Local News

July 11, 2008

Greenville borough's contract appeal burns up $40,000

Fees budgeted in pact dispute with firefighters

By Monica Pryts

GREENVILLE — The borough of Greenville has spent about $40,000 on legal costs since taking the firefighter union’s contract to binding arbitration in 2005 and appealing the deal through several court levels.

Attorney W. Timothy Barry, Canonsburg, Pa., has represented the borough on contract disputes with International Association of Fire Fighters Local 1976.

The borough also had to pay Michael Zobrak of Aliquippa, the neutral arbiter who issued a ruling in August 2006 on a new contract after both parties in October 2005 agreed to take it to binding arbitration.

To date, those legal fees have added up to $40,508.26, Borough Manager Ryan T. Eggleston said Friday. The borough paid $7,490 in 2005; $14,940.50 in 2006; $13,544.66; and $4,533.10 in 2008.

To cover those costs, money was set aside in the budget during the arbitration and appeals, Eggleston said.

A total of $15,000 has been earmarked in the 2008 budget for legal expenses related to the contract appeal, which is now at the state Supreme Court level, he said.

Borough officials have argued that the contract doesn’t conform to Act 47, the state’s debt recovery plan for financially distressed communities. The state declared Greenville an Act 47 town in May 2002.

The borough in 2006 appealed Zobrak’s ruling on the contract and the issue went to Mercer County Common Pleas Court Judge Thomas R. Dobson, who ruled in favor on certain items for both parties.

The borough appealed Dobson’s ruling in April 2007 and Commonwealth Court on April 22 ruled that Dobson’s decision stands.

The borough in May filed an appeal with the Supreme Court of Pennsylvania asking for a review of the Commonwealth Court decision, Eggleston said.

The borough disagrees with manpower issues in the contract that say two firefighters should be on duty at all times and fire department apparatus can’t respond to a fire call with less than two firefighters, violating Act 47.

Greenville’s Act 47 plan was recently revised, saying the borough should determine if it can continue to support a paid fire department.

Greenville Mayor Richard H. Miller has suggested council decide if a volunteer fire department would be more feasible. Council could vote to get the measure on the ballot in the spring for voters to decide, but council has yet to hold a discussion.

Meanwhile, in the wake of a manpower shortage, the borough and firefighters are working on a plan to ensure the department is covered, details of which Eggleston declined to release because nothing has been finalized.

Firefighter Dan Miller died June 16 after a motorcycle crash in Kentucky, firefighter Rob Ensminger is recovering from foot surgery and volunteer Lucas Martsolf has resigned.

That leaves the chief, four paid full-timers and three active volunteers, firefighter Lt. Dick Craig said Friday.

The union’s president, Lt. Dale Hightree, was on vacation and not available for comment.

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