Superior Court Judge Denies Release of Coventry Emergency Service Contingency Plan

Despite requests from lawmakers, Superior Court Judge Brian Stern on Monday declined to release details of an emergency service contingency plan developed by the chiefs of surrounding Coventry fire districts. 

Representative Patricia Morgan and Senator Nick Kettle filed an emergency motion with the court on Friday requesting that the plan be immediately released for public viewing in preparation for Tuesday's special budget meeting and vote.

During Monday's hearing at the Kent County Courthouse, Judge Stern addressed several points in Morgan and Kettle's motion that he felt were inaccurate. He stressed that the contingency plan was never submitted or released to Special Master Richard Land, but only to the court on Mar. 18 for an In Camera (private) Inspection. It was also noted that submission of the plan occurred a week after Land's initial budget letter was mailed to residents, hence the reason it was not mentioned in the mailing.

Judge Stern explained that the court had requested of the neighboring districts the confidential information to allow it to prepare for multiple outcomes of the March 26 vote in the most proactive, prepared and informed way possible, especially considering that there would likely be a public safety emergency if the fire district was immediately closed.

"The issue now before the court is whether to release the information provided to the court exclusively for an in-camera review," said Stern. "After analyzing the purpose of the information, it is clear that it was given to the court on a confidential basis to provide insight about possible options if the levy did not pass and was to be used in a purely advisory capacity. It was not meant to be used or relied upon by taxpayers when deciding whether or not to vote against the levy."

According to Stern, several alternative emergency response solutions recently considered by the court, including reliance on the Southern New England Mutual Aid Agreement, a legislative change made by the General Assembly, or the implementation of a court-ordered tax levy, if utilized, might not be dependable long-term or would take a very long time to enact. Because of this, he determined that any assumption of continued emergency service is purely speculation at this point and would not be relevant to the March 26 vote.

"I do feel badly that these departments who had no obligation to share any of their thoughts are now being portrayed by some as part of a conspiracy theory and they have a solution to somehow solve all of the Central Coventry Fire District's problems," Stern continued. "Let me be clear that there is no magic bullet that will solve the ills of some poor planning and decision making over a period of years by a board of directors and the taxpayers who voted them into office."

He then referenced a long-standing technique used centuries ago as a way of distracting hounds during a fox hunt with the use of a pungent fish odor.  

"The fish, a red herring, is an idiom used today," Stern explained. "A red herring is something that may sound appealing but is not really relevant and is meant to distract. It is clear to the court that the quest for the confidential information provided to the court for the purpose of making a short term decision if the levy is not approved - is a red herring - and therefore not relevant to the decision voters need to make tomorrow.”

Judge Stern then denied the motion to release information provided by neighboring fire districts. 

"I sincerely hope that as many of the 17,000 or so residents of the Central Coventry Fire District show up between 6 and 10 tomorrow evening and make their voices heard one way or another whether to approve or reject the tax levy," he said before court was adjourned. 

"If taxpayers are going to make a decision about their financial security and their physical safety, they need all of the information and the fact that there is a plan is a piece of that information," said Rep. Morgan following the hearing. "I think it's pretty clear that the chiefs in the surrounding districts know that there was going to be some role for them to play and they wisely thought it through, so there is a plan so that people know that their physical safety is going to be taken care of and that they should focus on the financial aspects of the budget. I think that's important for them."

"One thing we've proved today is that there is a plan," said Nick Gorham, attorney for Reps. Morgan and Kettle. "A plan was submitted and the union's claim that there is no plan is false." 

"We have the AFL-CIO and letters from the Special Master saying that there is no alternative plan, and then we find out there is one," Morgan continued. "The right of the people to know is never a red herring. They need as much information as we can give them so they can make a good, informed choice."

At Tuesday's budget meeting at Coventry High School, voting will officially begin at 6 p.m. and will continue until 10 p.m. Any residents who wish to leave after they vote may do so. Special Master Land's meeting/budget presentation will begin at 7 p.m. Click here for additional information.