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The Station fire
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Town to pay firefighters' Station-fire legal costs

01:00 AM EST on Wednesday, November 19, 2003

BY ZACHARY R. MIDER
Journal Staff Writer

WEST WARWICK -- The Town Council resolved last night to reimburse the firefighters union for about $12,000 in legal fees incurred by firefighters in the wake of The Station nightclub fire.

The union had hired a lawyer, Joseph J. Rodio, to represent firefighters when they gave witness statements to criminal investigators in the weeks following the Feb. 20 blaze.

Councilman John J. Flynn introduced the resolution, saying that, although the town might not be legally obligated to pay, it was appropriate nevertheless because the firefighters incurred the need for the legal services while in the line of duty.

Pvt. Kevin P. Tellier, president of Local 1104 of the International Association of Fire Fighters, concurred. He said the union originally sought help from Marc DeSisto, the lawyer for the town's insurance carrier, but at the time DeSisto said he was too busy.

The union contract guarantees legal representation to firefighters named in civil suits arising from their work, but makes no explicit provision for the kind of representation the firefighters wanted. "These are uncharted waters," Tellier told the council.

Flynn said he hopes for an agreement with the union that would clarify the question of what legal services the town should have to provide, but no draft agreement was ready by last night.

The Rhode Island Interlocal Risk Management Trust, which insures the town, might be responsible for picking up part of the $12,000 tab, said council President Jeanne-Marie DiMasi.

One of the firefighters who used Rodio's services -- Battalion Chief Denis P. Larocque, the town's fire marshal -- is named in some civil suits arising from the fire, DiMasi said. Therefore, she said, the Management Trust might have to pay his fees.

In other business:

The council hired Sen. Joseph A. Montalbano, a North Providence Democrat and the Senate majority leader, as the $11,000-a-year lawyer for the Planning Board and Zoning Board of Review. He succeeds Paul K. Sprague, who was fired recently.

The council also hired Brenda Carcieri, of East Greenwich, to be the District Court prosecutor, for $12,000 a year. She succeeds Gordon M. Smith, who also lost his job recently.

The council left vacant the position of Municipal Court prosecutor, with council members saying the $12,000-a-year position probably isn't needed.

The town approved an agreement with the police officers union that clears the way for the hiring of an additional officer.

The town recently won a grant to finance a school resource officer position at Deering Middle School. The officer would take the place of the DARE officer now assigned to Deering.

Currently, a resource officer assigned to the high school handles arrests in both the middle and high schools. Since the beginning of the year, the officer has made 15 arrests at the high school and 22 at the middle school, according to a report given to the council. The new resource-officer position would help free up some of that officer's time.

The DARE officer would return to normal patrol duties, and the town would use the savings gleaned from the grant to appoint a sergeant to the Prosecution Division.

Currently, Lt. Richard N. Ramsay handles prosecutions, training and a number of other duties. Under the terms of the union agreement, the sergeant would take over prosecutions, leaving Ramsay to head a new Planning and Training division.

To fill the vacancy created by the sergeant's assignment to prosecutions, and to replace a patrolman who is retiring, the town plans to send two recruits to the Municipal Police Academy next month.

Zachary R. Mider can be reached at 277-8068 or zmider#hotmail.com.

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