Resolution to help family of Flanders firefighter nears

MOUNT OLIVE – Dozens of firefighters showed up to Tuesday night’s Township Council meeting in uniform, awaiting a decision that would support the family of a fallen comrade, and left the meeting with the assurance that a resolution would be reached soon.

The turnout was a similar, but slightly smaller, to the meeting two weeks ago, when 75 firefighters and other first responders rallied for Tom Shields’ family’s right to survivors benefits.

Tom Shields, then 42 and assistant Flanders fire chief, responded to a child not breathing on May 31, 2011 at Mountainview Elementary School. He died later that day, and his wife Nicole and two children have yet to receive survivor’s benefits.

At the March 3 meeting, council members expressed their concern and said they hoped to find a solution by the following meeting. Tuesday, they said they were close but have not officially reached an agreement.

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

After a 20 minute closed executive session Tuesday - during which Mayor Rob Greenbaum excused himself, citing a conflict of interest due to previously representing the Shields family - Township Attorney Fred Semrau addressed the public.

“Regarding the Shields matter, the governing body recognizes this is a priority and we are working very diligently to prepare a stipulation and draft a resolution,” Semrau said. “We are headed in the right direction, but have not officially heard back yet from Mrs. Shields’ attorney.”

Semrau said the township was concerned if the governing body acknowledged Tom Shields died on duty in a resolution, it may be used in a separate worker’s compensation case that could be used against the town.

“We believe this stipulation will be accepted by the worker’s comp case,” Semrau said. “And the governing body is comfortable considering the resolution if the two matters are separated.”

Semrau said once passed, the stipulation will be used moving forward so a situation like the one the Shields’ family has been dealing with will not happen again.

Semrau said he was given two weeks to reach an agreement, and considering the “aggressive timeline,” he is pleased with the progress.

“From a legal perspective, we are satisfied with this,” Semrau said. “We are now waiting to hear back, which is understandable with a case of this magnitude. It’s been a priority to address this matter and make sure it never happens again.”

Flanders Fire Department spokesperson Doug Fenichel said he hopes to see Nicole Shields’ issue resolved soon, and the Council’s words at Tuesday night’s meeting were promising.

“It’s a start, but we’ll hold out until we see this settlement. Like anything this complicated, if there’s talking, it’s good and the last thing we want to do is interfere with discussions,” Fenichel said. “Other towns recognize the separation of VESP and worker’s comp, but if this is what they need to do to feel comfortable and the survivors can move on, that’s fine.”

Nicole Shields did not speak at the council meeting.

“I believe it’s up to the lawyers at this point, but that’s for Nicole to say,” Fenichel said. “I hope that Nicole is happy with the language in the stipulation and it will all be rather pro forma going forward as there are two children involved as well.”

Once the Shields’ situation is settled, Fenichel said he hopes to have a discussion with the council about the concerns of Mount Olive first responders in light of what the Shields family has dealt with. Without elaborating on specifics, Fenichel said his colleagues want reassurances their families will be taken care of should they die in the line of duty.

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. He doesn’t want any firefighters to be concerned of such issues affecting their families moving forward.

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