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WEIRTON -- During its May meeting, Weirton Council held the first reading of ordinances establishing new scheduling for the Weirton Fire Department as well as creating a new administrative position involved with public safety in the community.
Now, the International Association of Fire Fighters Local 948, which represents firefighters with the Weirton Fire Department, is asking the courts to stop council from taking further action on the plan.
The IAFF, through its attorneys Teresa C. Toriseva and Joshua D. Miller, filed a petition in Hancock County Circuit Court Wednesday seeking an injunction to prevent the city from creating the proposed public safety director position.
The filing lists all members of the IAFF collectively and Lt. James Brueck as an individual and in his capacity as president of the IAFF as petitioners, with the City of Weirton and Ward 4 Councilman George Ash, both individually and as a councilman, as respondents.
The petition states the actions by council are in retaliation to Brueck speaking against the city’s decision to not apply for a Staffing for Adequate Fire and Emergency Response grant to provide increased staffing for the department. In March, council voted 2-5 on a resolution to apply for the grant aimed at hiring five firefighters.
The grant, the petition states, “was created to provide funding directly to the fire departments and volunteer firefighter interest organizations to help them increase or maintain the number of trained, ‘front line’ firefighters available to their communities. Other cities around West Virginia have benefited from this grant and increased staffing.”
Both Brueck and Fire Chief Jerry Shumate have commented publicly on the staffing levels of the department.
Subsequently, council approved the hiring of two firefighters. The petition also indicates a change in schedule from the current 48 hour schedule to a 56 hour schedule, with an eight-person minimum staffing. In May, during the same meeting the new public safety director position was announced, council passed the first reading of an ordinance establishing a 212 hour/28 day work rotation.
The petition states Ash “in front of Captain Dan Mastrantoni, Chief Shumate and Petitioner Brueck, did state that the reason for the schedule change ordinance was because of Petitioner Brueck’s comments on social media about safety and department understaffing and Chief Shumate’s comment at a public council meeting that ‘people are going to die.'” The petition also claims Ash advised Shumate to submit his resignation.
The public safety manager, if created, the petition states would be an appointed position reporting directly to the city manager and supervisory to the fire chief.
When council passed the first reading of the ordinance in May, several members of council noted concerns an exact job description for the position had yet to be created, with requests to either table or amend the ordinance proposed, yet ultimately failing.
When contacted Friday afternoon, City Attorney Vince Gurrera said he had no comment on the petition at this time.
Both proposed ordinances are on the agenda for second reading during Monday’s Weirton Council meeting, which begins at 7 p.m.
(Howell can be contacted at chowell@weirtondailytimes.com, and followed via Twitter @CHowellWDT)