Image Credit: Jeff Bohen
Bristol Borough Fire Company 51 and its Chief l Herb Slack are being sued in the Bucks County Court of Common Pleas, legal filings show.
Slack it is alleged, in a mandamus filing, of unlawfully removing firefighter John Miraski from Bristol Fire Company 51’s active duty list.
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The suit, filed April 30, 2014, has been rumored for months now in the volunteer firefighter community.
Kashkaskian & Associates, a Bristol-based law firm, filed the suit asking for $50,000 in damages and immediate reinstatement of Miranski to the fire company.
The Mandamus claim states the Bristol Fire Company recruited Miraski in January of 1998 and since has been a “member in good standing.”
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In 2007 the suit says Pennsylvania enacted a law, Section 7713- Title 35, which states :
A person convicted of violating 18 Pa.C.S. § 3301 (relating to arson and related offenses) or any similar offense under Federal or State law shall be prohibited from serving as a firefighter in this Commonwealth and shall be prohibited from being certified as a firefighter under Subchapter F of Chapter 73 (relating to State Fire Commissioner). Proof of nonconviction must consist of either of the following:
The act was amended in 2010. The amendment added the additional component of a signed statement from volunteer firefighters which says they have never been convicted of arson.
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Prior to joining the Bristol Fire Company 51, Miranski was convicted of arson, according to the filing, in 1989. As a result, Miranski was relived of his duties in January of 2014 pursuant to the arson conviction and the law enacted in 2007, court documents allege. The filing further argues Bristol Fire Company 51 was aware of the conviction and has been since the enactment of the law. Miranski has not been convicted of any crimes since 1987 and maintained his good standing throughout as a firefighter with the company.
Williams in court papers says relieving Miraski of his duties as a volunteer firefighter at the company at this time is “unconstitutional” because it relies on the law retroactively, meaning prior to the measure becoming law and further punishing Miraski “is a clear violation of the petitioner’s constitutional rights.”
The suit goes on the claim that Miraski has experienced “financial harm,” as he’s been unable to collect monies due to him while going on calls to fires in Bristol Borough.
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Williams asks for Miraski to be reinstated immediately and all monies due be paid. The filing did not not specify the amount of money due.
Calls to Bristol Borough officials on Tuesday confirmed volunteer firefighters do not get paid, since they are volunteers. So its unclear as of press time what the “monies due” are actually in the filing.
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Attempts to reach Franklin for an explanation and actual amount claimed to be owed to the firefighter have gone unsuccessful.
According to the online county court system, three unsuccessful attempts have been made to serve Slack with the suit.
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Slack was asked on Friday to comment on the suit and has not responded to the publications request as of press time.
Editors Note: Please note a previous version of this story Mr. Miraski’s name incorrectly and his start date with the BFC 51 is January of 1998. We regret the errors and have changed the story with the corrections.
