Ethics of fire district vote questioned Howell residents claim notification is lacking

Ethics of fire district vote questioned
Howell residents claim
notification is lacking

The recent approval of a lease-purchase plan for a $430,000 fire truck in Howell’s Fire District No. 3 in an election that drew only 123 residents to the polls has a few people crying foul and asking the Township Council to look into what jurisdiction, if any, a municipality may impose on fire district elections.

Ken Cochran, of Cherry Tree Lane, told members of the public and the council at a recent meeting that the lack of public awareness of the Aug. 4 fire district election was "something I would expect in Nicaragua."

Cochran said when he became a United States citizen last year, one of the things that was "drummed into his head" during his citizenship classes was his responsibility to vote.

He said the privilege of voting is something he takes very seriously and that is why he said he was upset with the fact that the election held Aug. 4 was generally unknown both before and after it was held.

Cochran said he conducted an unscientific survey in his neighborhood and said no one with whom he spoke was aware that a vote proposing the purchase of a fire truck was being held. The fire truck will be used by the Southard Fire Department, Route 9, which covers Fire District No. 3.

He charged that the Aug. 4 election held at the Southard firehouse was so poorly publicized that even if the notification met the letter of the election law — as Fire District No. 3 attorney Joseph Youssouf said it did — then the notification did not meet the intent.

"It’s not ethically valid even if it is legally valid," Cochran told the council, adding that if the public was not properly informed, "the election is morally wrong."

Cochran mentioned that on the day of the election, a sign in front of the Southard firehouse noted that a job fair for a new department store was being conducted inside, but made no mention of the election for the fire truck.

Steve Morlino, of Peachstone Road, chairman of the Howell Economic Development Committee, challenged the members of the governing body "to help change the laws statewide." Morlino said he had written to state legislators seeking their approval and assistance in revamping fire district election laws.

Morlino said he wants to see a change made in voter notification requirements so that all registered voters will be informed by mail of an upcoming election in a fire district. At present, no sample ballots are provided to voters before an election for fire commissioners or before a special election for new equipment.

Officials said fire district elections are not under the authority nor subject to the auspices of general county and state election laws.

According to Youssouf, any change in fire district law could only come from the state fire bureau and could not be mandated by any municipal or state agency.

Fire District No. 3 Commissioner Art Esposito told Greater Media Newspapers the commissioners look to their attorney to see that all legal requirements are taken care of no matter what the issue may be. He said the attorney is retained for his expertise and advice which is followed by the commissioners, "who are not lawyers and can only rely on what our attorney tells us is what we are supposed to do."

Youssouf has said the Aug. 4 election in Fire District No. 3 was advertised in full compliance with state regulations.

Esposito, who has been a member of the Southard Fire Department for 15 years and a fire commissioner for two years, has maintained since his election that the "new board," as he calls the fire commissioners since his election, has been more open and forthcoming than previous boards.

Prior to the Aug. 4 election, the fire commissioners from Fire District No. 3 published a legal notice stating the date and purpose for the election in a local daily newspaper. The commissioners’ attorney has said that action met the requirements of a display advertisement.

In the wake of criticism about the public notification, Esposito said that perhaps the commissioners could "take a look at how they do it the next time around."

As to the job fair message being posted on the firehouse sign on the day of the election (and before), Esposito said it was an unforeseeable coincidence in that the department store had rented the Southard firehouse and sign months before the Aug. 4 election had even been scheduled.

Following the public comments, Mayor Timothy J. Konopka directed Township Attorney Richard Schibell to look into whether a town can change how and when fire companies hold elections for personnel and equipment.

Acknowledging that with fire districts there is a "large regulatory scheme," Schibell said he would look to find any "loopholes."

Konopka, who is running for state Senate in the 30th District, wanted the council to pass a resolution that evening in favor of Morlino’s proposal, but Schibell advised against it cautioning, "We might look foolish if the question is not first properly researched."