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A dispute about whether paid firefighters could receive volunteer-pensions for volunteer services performed in off-duty hours has been settled.
The Lake Dillon Fire Protection District Pension board negotiated a settlement of claims filed by former trustee Paul Chessin on Tuesday. The settlement provides that Chessin will dismiss all pending claims, not pursue any appeals and that all volunteer service approved by the pension board will not be further challenged. The fire district also agreed to drop a counter-suit seeking costs and attorney's fees against Chessin.
The dispute originally began when Chessin was on the fire district's pension board. He claimed that Colorado law did not permit paid firefighters to receive a volunteer pension for volunteer services performed in off-duty hours.
Before 1998, however, volunteerism was encouraged. Fire Chief Dave Parmley and Assistant Chief Bruce Farrell worked for the Snake River Fire District (which was absorbed by the Lake Dillon Fire District in 2006 after an election), but if they responded to a call after they clocked out they would respond as volunteers — never counting the extra hours worked towards as overtime.
In 1998, federal rules were passed under the Fair Labor Standards Act to require such volunteer service to be compensated.
Parmley, Farrell and others (including Chessin), however, volunteered for over 10 years, completing mandatory training of 36 hours each year, and are 50 or older — qualifying them for the volunteer-pensions, which the board approved.
They will all receive their volunteer pensions.
Chessin agreed to the settlement Tuesday and later signed it. A motion to dismiss was filed in District Court and the judge issued an order dismissing Chessin's claims.
Forty-one former volunteers are currently receiving pensions, which were funded by Summit County taxpayers and matched by the state.
The Lake Dillon Fire Protection District Pension board negotiated a settlement of claims filed by former trustee Paul Chessin on Tuesday. The settlement provides that Chessin will dismiss all pending claims, not pursue any appeals and that all volunteer service approved by the pension board will not be further challenged. The fire district also agreed to drop a counter-suit seeking costs and attorney's fees against Chessin.
The dispute originally began when Chessin was on the fire district's pension board. He claimed that Colorado law did not permit paid firefighters to receive a volunteer pension for volunteer services performed in off-duty hours.
Before 1998, however, volunteerism was encouraged. Fire Chief Dave Parmley and Assistant Chief Bruce Farrell worked for the Snake River Fire District (which was absorbed by the Lake Dillon Fire District in 2006 after an election), but if they responded to a call after they clocked out they would respond as volunteers — never counting the extra hours worked towards as overtime.
In 1998, federal rules were passed under the Fair Labor Standards Act to require such volunteer service to be compensated.
Parmley, Farrell and others (including Chessin), however, volunteered for over 10 years, completing mandatory training of 36 hours each year, and are 50 or older — qualifying them for the volunteer-pensions, which the board approved.
They will all receive their volunteer pensions.
Chessin agreed to the settlement Tuesday and later signed it. A motion to dismiss was filed in District Court and the judge issued an order dismissing Chessin's claims.
Forty-one former volunteers are currently receiving pensions, which were funded by Summit County taxpayers and matched by the state.
