NEWS

Firefighters rally for fallen Flanders assistant chief

Michael Izzo
@MIzzoDR

MOUNT OLIVE – The weather Tuesday evening was very different from the day Flanders Firefighter Tom Shields died.

Shields passed away on a 100 degree day after responding to help an unconscious child, and Tuesday night dozens of firefighters gathered in the snow, sleet and rain at the Mount Olive Municipal Building to rally for his family’s right to survivors benefits.

“The town needs to support them,” Flanders Fire Department spokesperson Doug Fenichel said. “And if the town isn’t going to, then why are we risking our lives?”

Tom Shields, then 42 and assistant Flanders fire chief, responded to a child not breathing on May 31, 2011 at Mountainview Elementary School. The child turned out fine and Shields went back to the station, but left after complaining of chest pains.

“He died that night,” Fenichel said, “And four years later his wife Nicole and two children have not seen any survivors benefits.”

Fenichel said firefighters are looking for the town to pass a resolution saying Tom Shields’ family is eligible for state survivors benefits. The family needs the town to certify Shields died in the line of duty so his surviving family can receive the benefits.

The Volunteer Emergency-Worker’s Survivors Pension would provide Nicole Shields $15,000 a year until she remarries or dies.

“His wife needs the resolution signed to start the process. This is an issue that personally impacts a family in town that hasn’t seen a penny of what they’re entitled to,” Fenichel said. “Why should we put our lives on the line if this is how we are treated?”

About 75 people showed up to support Shields’ family Tuesday night, including members of Mount Olive’s fire, police and EMS services. Members of other fire departments including Roxbury attended to show their support for Tom Shields’ family.

“Nicole did not want to wait any longer,” Fenichel said. “Enough is enough. Nicole has tried to negotiate with the town quietly but it’s time to speak up. And we need to support her because that could be any one of us.”

Those who showed up for the meeting were told to return for the next Town Council meeting in two weeks for more information.

Fenichel said there was some debate as to why Shields, a firefighter, was responding to an EMS call, but Fenichel said the Flanders Fire Department responds to both fire and EMS emergencies in town.

“The attorney says this is a worker’s compensation issue because it was an EMS call and it wasn’t a stressful enough situation to trigger a heart attack,” Fenichel said. “What I want to know is why the town is putting up with this.”

Township Attorney Fred Semreu said worker’s compensation cases typically do take a long time to resolve, and the fact that there is a death claim makes the matter much more significant.

“The issue is if we say Mr. Shields died on duty in the resolution, they could use that for the worker’s comp case,” Semreu said. “This resolution could potentially be used against the town. It’s not deliberate, but we don’t want that overlap, so we have to wait until the worker’s comp is settled.”

There was some debate about whether Nicole Shields would be allowed to speak at the meeting because of the ongoing legal issues, but she did make a brief speech.

“I hope Mount Olive will do what’s right,” she said, “So we can set standards in case this ever happens again.”

Also speaking were Fenichel, who told the council he felt “betrayed,” and Flanders Capt. Scott Faluotico, who said he has been “lied to.”

Chief Michael McDermott referenced the “thin red line” all firefighters walk when responding to a call and said he hoped the township would do what’s right for their families should they not return from a call.

“All we are asking for is a statement saying ‘Tom Shields died in the line of duty and Nicole and his two sons are entitled to benefits,’” Fenichel said. “All this does is allow Nicole to apply for the benefits.”

Fenichel said Nicole Shields is currently separately seeking federal benefits, survivors benefits, and worker’s compensation, but in nearly four years has seen no money.

“The three are not linked at all but the two are waiting on worker’s comp to do anything,” Fenichel said. “But it’s been almost four years and they’re not doing anything.”

Councilwoman Colleen Labow spoke in support of Nicole Shields, saying four years was an outrageous amount of time to wait, and Mount Olive emergency services need to know they are protected.

“We were encouraged by the council’s words, but are still held hostage at the moment,” Fenichel said. “We won’t settle until Nicole gets her benefits.”

Mayor Rob Greenbaum declined to comment on the matter, saying only that it was a legal matter being handled by attorneys.

The Council told the crowd they supported all Mount Olive emergency services, and instructed Semreu to try and work around the language of the law that would allow them to sign the resolution by separating worker’s compensation from survivors benefits.

Semreu said he was actively working to resolve the issue. Specifically, he is attempting to reach an agreement that any decision Mount Olive makes will have no bearing on the worker’s compensation case, excluding the Township from any potential legal trouble.

“Everyone in the governing body wants to help, to be supportive, but sometimes the law gets in the way,” Semreu said. “The governing body wants me to do whatever I can. It’s my job to find a way to make it work, and I thing progress is being made. I have two weeks to get everything in line and see if I can find a way for the governing body to sign the resolution.”

Fenichel said he planned to attend the meeting in two weeks to show his support, and he hopes to be joined by many others.

Staff Writer Michael Izzo: 973-428-6636; mizzo@dailyrecord.com