Five firefighters are being forced to sit on the sidelines after the Poland Volunteer Fire Company suspended them in August. It's an issue that has sparked heated controversy in the village. The firefighters claim they were suspended after expressing concerns regarding the department's auxiliary. In an exclusive interview with two of the firefighters, they tell TWC News' Cara Thomas they were just trying to do the right thing.
According to their by-laws, the purpose of the Poland Volunteer Fire Department Auxiliary is to "assist the Poland Volunteer Fire Department wherever and whenever it is needed."
"What is it that our ladies auxiliary actually does for us? And you ask questions of the leadership and you don't really get a straight answer," said Marc Constantine, one of the suspended Poland firefighters.
Each year, the auxiliary holds a fish fry fundraiser that runs for several weeks. It's never been advertised that the money raised would go directly to the fire company, but several village residents TWC News spoke with said that’s always been assumed.
The suspended firefighters said they were told the auxiliary used has the money in the past to purchase items for the fire station kitchen and gives only a small portion of the proceeds to the fire company itself.
"An estimation was circulating that they probably made anywhere from $10,000-12,000 total on the fish fry. The fire department received a check for $1,000," said Andy Topham, also a suspended firefighter.
There was also a concern about how money collected in the fish fry's tip jar was used. The issue was discussed during one of the fire company's Board of Directors meetings, which was videotaped by Topham.
"Let's talk about you and our conversation in the parking lot at Stewart's," said Topham to an auxiliary member. "Did you not tell me that you guys go on vacations using tips that you get from proceeds of the fish fry?"
"Yeah? What's the problem?" responded board member Jim Reddington.
"It became something that went from just talk to 'This isn't good, because it sounds like it's illegal,' " said Topham.
Five firefighters wrote a letter to their board president, requesting a special meeting with the entire membership, in accordance with fire company by-laws. They called for the disbanding of the auxiliary because, in their opinion, that group is not supporting the fire department.
"We used some strong language in it. We did not make any allegations or accusations in it, but we made some strong language just to get people's attention and to say, 'hey, this is a serious issue and we want to talk about this issue,' " said Constantine.
They were denied that meeting, and instead were told to attend a board meeting, where they were given a letter of suspension.
"One of the other members that was suspended asked the question, 'I just want to know specifically why we were suspended,' and one of the members of the board said, 'You signed a letter and you kept signing letters,' " said Constantine.
An attorney, who is knowledgeable about the laws pertaining to fire companies, said the members are protected under the Not for Profit Corporation Law to express concerns without retaliation.
"Punishing an individual for asking certain questions could very well be a violation of both the federal and state whistle blower protections, and nobody in their right mind should be imposing discipline upon anybody for asking questions," said Fire and EMS attorney Brad Pinksy.
Regarding the auxiliary, Pinsky said any money raised by a non-profit, including tips, must be used solely for the benefit of that organization. Any personal use of those funds could be considered fraud.
Officials from the Poland Fire Company refused to comment on the firefighters' suspensions, saying it was an internal matter that is being dealt with. Fire Chief Scot Burritt said the fire company looked into the auxiliary's finances and found nothing suspicious. He also denied that the auxiliary members took any vacation trips.