Adams Fire Questions Impact of Retirement Mandate
ADAMS, Mass. — Fire District officials say the state's mandatory retirement age for firefighters will have a "catastrophic" impact on the Fire Department.
After the Dalton Fire District was forced to retire four of its firefighters because of the mandate, the Adams Fire District is now questioning the impact it will have on its Fire Department.
The district will seek a legal opinion regarding its available options. With Chief John Pansecchi set to retire, First Assistant Engineer David Lennon intends to run for the chief position, while Edward Capeless plans to run for Lennon's current role.
However, this mandate would also affect Capeless, so the district would need to seek a home-rule bill to waive the mandated retirement, which Lennon advocated they do as soon as possible because it is a lengthy process.
Dalton had filed a home-rule petition last year but its fire chief was forced to retire because the bill is still sitting on Beacon Hill.
Some wondered whether the policy applies to elected positions because they are not treated the same as employed firefighters.
According to Public Employee Retirement Administration Commission Assistant Deputy Director Patrick Charles, the maximum age applies to all members of a paid department whether they are elected or not.
"It also applies to all call firefighters regardless of whether they are members of the retirement system. This is because call firefighters are eligible for certain retirement benefits such as disability and death benefits," he said.
The mandate is enforced if even one member is paid; this is usually the fire chief. All-volunteer fire companies are exempt.
Pansecchi presented the Prudential Committee several documents pertaining to the situation including the state's Quick Reference Guide-Mandatory Retirement Age for Firefighters in Massachusetts, which outlines the requirement.
However, there are other institutions, including the Massachusetts Call/Volunteer Firefighters Association that have a different opinion on the matter, he said.
He also mentioned that the National Fire Protection Association has a document outlining steps for the district to develop a policy assigning firefighters to non-firefighting roles, ensuring the department retains its leadership.
"The maximum age applies to members of the fire department who are firefighters. I am not sure what other roles there may be in a fire department other than administrative roles," Charles said. "Non-firefighter roles are not subject to the maximum age requirement, such as administrative functions like assistants and clerks."
In a climate where it is challenging to staff firefighter positions that are less than part time, Fire District officials are concerned about the potential loss of personnel resulting from the mandate.
"This is devastating to the department. Could be devastating to the community, and I think we should be sure we look at every avenue and try to do what's best for the community," Pansecchi said.
"On top of that, again, you mentioned unfunded mandates. Well, this is a mandate that's very dangerous to us if they force it."
If this is enforced immediately it wipes out five of the company's members right away — a trend that would continue upwards over the next five to seven years with the department losing a third of its staff, he said.
The town has to rely on volunteers, who receive a minimal salary for their service, but not enough to live on, officials said.
Additionally, time constraints for volunteers have worsened, making it even harder to replace members, Pansecchi said.
"When the Water Department or the office loses somebody, there's a process that we hire — a fairly quick response," he said.
"When it comes to the fire service, the Fire Department, there is no process. We have to hope we get volunteers, which isn't happening."
The Adams Alerts currently has 33 members: five fire engineers, three lieutenants, 20 members, four apprentices, and one part-time firefighter.
The district has been following a plan to change its "antiquated system" of how the department is constituted and staffed, including moving away from elected leadership in favor of instituting appointed positions, Lennon said.
These changes have not been made but are in the process of being enacted. However, this retirement provision, which has existed for years, has not brought forth any call for institutional change, he said.
"The district has operated under this potential liability for years. Throughout this time, the cost has been zero, as there have been no lawsuits due to injured members over 65 not receiving insurance coverage," Lennon said.
"I say this not to minimize the need for compliance, but merely to place a cost on that if the district were to move forward without any other action regarding the provision. What would be the cost and the benefit to do so? Obviously, the benefit would be the elimination of the potential liability."
However, "the cost would be catastrophic in terms of the loss of leadership, morale, knowledge and coverage," he said.
Currently, the district does not have any full-time staff. Last year, it funded a part-time position to provide daytime coverage, addressing the limited number of available responders and ensuring a fire truck was ready to respond during those hours.
"It has been difficult to hire anyone. I had one member that was working Mondays, but his work schedule changed and he is no longer available. I hired one firefighter to work up to 19 hours a week. He recently changed jobs and has not been able to work. I have one member that has been covering Saturday and Sundays," Pansecchi said.
"For nine years I have been requesting a full-time firefighter, and it has been shot down one way or another. Staffing is getting worse because no one is volunteering."
Two of these members are older than 65 and if the department loses them, it will be devastating, and a full-time firefighter would be crucial, he said.
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