Office of the Corporation Counsel
City of West Haven, Connecticut
Corporation Counsel Deputy Corporation Counset
Peter C. Barrett Lee. Tieman
Assistant Conporition Counsels
Jamary 6, 2012 Henry C. Stadkowski
Mark L Bergamo
: Timoohy P. Gunn
West Haven City Council eee
City of West Haven
City Hall
Re: Allingtown Fire District Termination
Dear Council members:
have retained outside counsel to assist with researching and, if subsequently
approved by the Council, implementing the process for creating a fire department in the
City of West Haven. As you know, the fire department would thereafter address the fire
service requirements of what is currently the Allingtown Fire District. The process
‘would also require the passage of an ordinance providing for the management, discipline
‘and control of the department.
Attached hereto is a Summary of the legal process involved. Both Attorney
Domey and I will be present at the Special Meeting on January 9. I have also appended
the statutes referred to in the Summary.
vareefioh
LALLY
Peter C. Barrett
Corporation Counsel
Joseph Mancini, Director of Finance
Michael J. Dorney, Esq.
Jeffrey P. Mogan, Esq,
Fest ny 9- NEP zee
455 Main Street, West Haven, CT 06516
waAse Telephone (203) 937-3600 ~ Facsimile (203) 937-3616IR
LECLAIR@YAN
Janwary 5, 2012
CITY OF WEST HAVEN
FIRE DISTRICT TERMINATION SUMMARY
1. Under § 7-329 of the Connecticut General Statutes (Conn, Gen. Stat.) the voters,
of the Allingtown Fite Disteict on December 12, 2011 by a two-thirds majority approved a
‘motion to terminate the corporate existence of the District.
2. Under § 7-329, the officers of such a distriet under those circumstances are
directed to proceed to terminate the affairs of the district.
3. Further, the district is directed to pay all outstanding indebtedness and turn the
balance of its assets to the town in which the district is located, but only ifthe legislative body of
the town authorizes such action. In this case, the “town” would be the City of West Haven, and
its legislative body is the West Haven City Council.
4, _ Ifa district is unable to pay all of its outstanding indebtedness, § 7-329 prohibits,
the termination of the district unless the legislative body of the tovm agrees in writing to assume
the indebtedness.
5. Under Chapter XIII, Part B of its Charter, and § 7-148(4)(B) Conn. Gen, Stat, the
City has the power and authority to establish, maintain and manage a Fire Department,
6. More particularly, § 7-301 Conn. Gen. Stat. furishes the details by which a town
may provide for protection of property within its limits from fire and for the establishment of @
Fire Department for the management, discipline and contol thereof. [By virtue of Chapter J,
Section | of its Charter and other state law, the City of West Haven holds and may exercise all of
the powers and privileges of a town].
7. Section 7-301 provides that a town may vest by ordinance the management,
discipline and control of a Fire Department in a board of selectmen or, if there is a town council,
in the town councif, or in a board of fire commissioners of such number, chosen in such manner
and for such terms as the ordinance provides. The chosen controlling body may make
regulations for the conduct of the Fire Department and may appoint, discipline and remove for
cause all employees of the department and purchase equipment and supplies necessary for its
operation,
E-mail: michsel.dorney@lecleinyan.com 545 Long Wharf Drive, Hinth Floor
Direct Pnone: 203.872.3210 New Haven, Connecticut 00531
Dicect Fax? 203.872.3283 Phone: 203.672.3200 \ Fax: 203.672.3201
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AYIORNEYS AT LAW) WWW.LECLAIRRYAN.COMIR
LECLAIR@YAN
8. A town having established a Fire Department under this authority may make
appropriations and lay taxes for the support of the Departinent.
9. However, Section 7-301 is specific in prohibiting the operation of a Fire
Department created in this manner, within the limits of any city, borough or incorporated fire
district which has an established fire department. Thus, in the current circumstances, the City
would have the authority to establish a fire department within the boundaries of the current
Allingtown District only, and operate such department within such boundaries. The making of
appropriations and laying of taxes would be for the purpose of offserting the costs incurred by
the City in fumishing fire services within the specific geographic bounds. Only those property
owners within the boundaries would be responsible for the payment of such taxes.
10. _ The assumption of the West Haven City Council of the indebtedness of the
Allingtown Fire District would include succession to both the rights and liabilities of existing
contracts, according to their terms. That doos not mean that the contracts would continue in
perpetuity, but would be subject to termination and/or amendment according to their terms and
the law.
11, The City could choose to hire current, paid employees of the Fire District. in
undertaking the termination of the effairs of the District, the District would be subject to the
same obligations as would any employer terminating the services of employees.
12. Section 7-329 provides that a terminating district shall turn over the balance of its
assets to the town in which the district is located. This would require the business transfer of
assets such as real estate, vehicles, equipment, books and records, and presumably the transfer of
fax liens. Environmental, security interest, ttle search, and inventory issues would need to be
addressed, among others, and proper, legal transfer effected,
13, Upon the completion of the duties of fire district officers to terminate a district,
the Clerk of the district must file a certificate of the dissolution vote in the land records of the
City and notify the Secretary of the Connecticut Office of Policy and Management,
Submitted by Michael J. Dorney
On Behalf of LeClairRyan, A Professional Corporation
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