U.S. Dept. Of Labor Auditing Sherborn Fire Department

For the past month the Federal Department of Labor has been working with the Sherborn Fire Department to determine if the fire department has adhered to the Fair Labor Standards Act in paying stipends out to their fire fighters.

At Thursday's Sherborn Board of Selectmen meeting members of the fire department discussed the issue with the selectmen.

Selectmen Paul DeRensis said the town received notice from the U.S Department of Labor in early June that they would be auditing the fire department’s records for the past two years to determine if they have been paying their fire fighter’s minimum wage or not. 

Fire Chief Josh Buckler said they have been cooperating with the auditor and emailing him with whatever information is being requested.

Buckler added that the department records more information than what the auditor needs.

Evie Corbett, the fire department’s administrative assistant, and the auditor are trying their best to discover what the best route is to get him what he needs. 

DeRensis also inquired if the fire department has the support of town counsel. He and Selectman George Pucci adamantly stated that when relinquishing data to the federal government, town counsel should be present. 

Buckler said, “If there is an error, it needs to be fixed.”

The issue stems over the fire department paying on-call fire fighters a stipend when they live a certain distance from the fire house and have to stay overnight.

The stipend may average out to be less than the federal minimum wage.

Buckler said that the department has been paying its on-call fire fighters this way since before the 15 years he has served on the Sherborn Fire Department. He added that at this time, he has not had any contact with town counsel.

Pucci said during this matter, “Don’t hesitate to call us or town counsel.”

DeRensis said he would look into whether or not the town had any insurance that would cover the back payments to the firefighters, penalties incurred and or fines to the government.

“I’m sure we don’t,” Pucci said and added such insurance is very expensive. 

DeRensis noted, “If we make changes now, it may be an admission of something.” He also posed the question, “Why did they target us?”

Buckler said he had no information on why the federal government decided to target Sherborn.

Sherborn Fire Captain Shawn Flanagan said they have been paying their on-call firefighters the same way for the 25 years has been on the department. He believes someone made a “legitimate complaint” and reiterated that they did not knowingly do anything wrong.

DeRensis said, “We may decide we’re gonna fight this.”

Flanagan said, “It may be cheaper to pay the fine.”

Firefighter Sean Killeen asked the selectmen why they are only advising the fire chief to speak with town counsel if they have known about the issue since early June. DeRensis responded that he forwarded the complaint to town counsel and to the previous chief Jon Dowse when the matter started.

Former fire chief Neil McPherson noted at the meeting that most fire houses pay their firefighters exactly the same way.