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Caneyville suit threatens all volunteer fire departments
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By Wendy Mitchell, Staff Writer
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Would you give up 25 evenings, or more, a year to help your neighbors for free, if you could be sued for doing so?
Volunteer firefighters are required to do just that, take hours of classes, attend meetings, put their lives on the line and, depending on the outcome of a case currently before the Kentucky Supreme Court, face being sued for their efforts.
According to the Kentucky Fire Commission Web site, in Kentucky, a new volunteer firefighter must complete more than 150 hours of training, usually in one-three hour sessions, within a two-year period before being certified. Once certified, the firefighter must also attend 20 hours of annual continuing education classes or risk losing that certification.
"We have been lucky; our department is in a rural area and there's a lot of farmers in the department and long family ties to the department; that is not the case in a lot of departments around us," said Lewisburg Volunteer Fire Department Capt. David Cobb.
Cobb has seen roster numbers falling elsewhere as work demands take residents away from home and unable to answer fire alarms.
"In the daytime is the worst, at night more folks are around to help," he said.
In the court case, the Caneyville Volunteer Fire Department was sued by a fire victim, because it was perceived to have not responded with enough manpower or equipment to handle a fire.
Until last year, the Kentucky Constitution recognized sovereign immunity and included fire departments, but that has since been declared unconstitutional, opening up fire departments to legal actions, officials said.
"I am aware of the case and the possible outcome does concern us. Nobody likes being named in a lawsuit; the departments do already carry insurance for that purpose, but this suit has the potential to change a lot and it concerns the firefighters," Cobb said.
Even without a lawsuit, being a volunteer firefighter can be expensive.
The volunteers use their own fuel and vehicles to get to the firehouse or the scene in many cases; laws prohibit a fire department from compensating a volunteer for travel expenses in a personal vehicle. Laws even prohibit the department from using funds to purchase as much as an identifying T-shirt, cap or coat for a firefighter to wear, officials warned in local training sessions.
It all comes out of a volunteer's pocket.
"Depending on how active a firefighter is, the minimum they each probably spend, out-of-pocket, each year is $500-$600," Cobb said. "In manhours, with calls and meeting requirements each active member probably uses up 100 hours. The really active ones may spend 1,500 - 2,000 hours responding to calls. About 25 percent of those are fire related and the other 75 percent are as first responders to assist EMS calls."
According to Kentucky statutes, a fire department must have at least 12 active members and a chief on its roster. Many local departments have barely enough and when those members are available varies, Cobb said.
Family devotion to a department helps.
"My grandfather, father, myself and my sons have all been members of the department. We have 27 active members so I guess we are the exception to the rule," Cobb said.
Despite a need for help, volunteer fire departments must also be careful not to encourage too many residents to be new volunteers. A department must maintain a higher percentage of certified firefighters to trainee firefighters or risk not receiving an annual stipend from the state, officials said.
"Each department gets $8,500 and there is a specific list it may be used for," Cobb said.
Those stipends are what departments rely on to pay for equipment, safety gear and truck loans.
"Ironically, some items, like insurance, utilities and bills are not allowed and must come from donations and fund-raisers," Cobb said.
Even replacement tires for fire trucks may not be included in permitted uses for the funds.
"A lot of the people out there think their county taxes pay for fire protection and in most cases they are wrong. Donations keep the departments running," Cobb said.
Cobb still encourages those interested in helping their community to volunteer.
"It such a personally rewarding thing to do," he said.
Contact Wendy Mitchell at wendy.mitchell@lee.net or call 606-564-9091, ext. 276. |
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Reader Comments
Comments are limited to 200 words or less.
wiseone wrote on Aug 23, 2008 4:22 PM: " If this lawsuit is successful everyone will pay the price. No vols = no department = higher homeowner insurance.We should stand up and fight for those who give up time and money to protect their neighborhoods. "
volunteer wrote on Aug 23, 2008 3:59 PM: " I would like to think nobody in this great community would consider sueing after knowing how hard volunteers work and how much they love to help people "
Boo Boo wrote on Aug 23, 2008 10:58 AM: " It's spelled Kalb, not Cobb. "
Ival Secrest wrote on Aug 22, 2008 10:33 PM: " I do not know the details of the case but from the article I would conclude that this case should be thrown out by the judge. The implications are tremendous throughout the state and country. If the case continues, then the citizens should see that the judge is removed. Civility and justice cannot be brought about by litigation but the consequences of intimidation are obvious. "
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