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) 937-3616IR 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 ‘CAUFORNA \COMNECTIUT \MASSAGHUSETTS LADCHIAN INE JERSEY \ NEW YORK \ PENNSYLVANIA LARGIA ASHINGTOR. DS. AYIORNEYS AT LAW) WWW.LECLAIRRYAN.COMIR 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 suis 2, ATTORNEYS AT LAW \ WHT LEGLAIRRYAN. COM