Posted: Monday, June 6, 2011 6:48 pm | Updated: 6:48 pm, Mon Jun 6, 2011.
By JENNIFER BOGDAN Staff Writer pressofAtlanticCity.com
GALLOWAY — A former Galloway Township firefighter has filed a lawsuit alleging he was terminated from his volunteer position after alerting officials of various fraudulent acts occurring within the township’s fire departments.
Konstadinos “Gus” Koltoukis, 33, of Galloway, filed the lawsuit in April — just over five months after he was....Continue Reading
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terminated from the Oceanville Volunteer Fire Company. He alleges that during the two years he worked at the company, he continually objected to ethical and safety breaches in the department.
In September 2009, Koltoukis says he complained of fraud when he realized it was the department’s standard practice to allow inactive and non-Galloway-resident firefighters to remain on the company’s payroll “for purposes of life insurance and/or benefits.”
The lawsuit also says Oceanville Fire Chief Tim McKenna’s son, Kevin McKenna, habitually skipped training and fire calls and was shown favoritism.
“Plaintiff believed that allowing a volunteer firefighter to show up at a scene who was improperly trained might cause serious injury or death to fellow firefighters and/or to the members of the public,” the lawsuit says.
Koltoukis would not answer any detailed questions about the claim on the advice of his attorney.
“I’m pursuing this because I’m trying to do what’s right for the people of Galloway,” Koltoukis said, before directing questions to attorney Kevin Costello, of Costello and Mains, based in Mount Laurel, Burlington County.
Costello said Koltoukis wants to be reinstated at the Oceanville company and has claimed monetary damages of an unspecified amount.
“We’re arguing that he was retaliated against because he objected to unacceptable behavior in the department and didn’t want to participate in acts of corruption being committed by (Oceanville) Fire Chief Tim McKenna,” Costello said.
The case has been forwarded to the township’s insurance carrier and will be assigned to an outside law firm to defend all township parties involved, Township Solicitor Michael Blee said.
“The allegations contained within the complaint are disputed and denied,” Blee wrote in an e-mail. “The case will be aggressively defended. It is disturbing that an individual would file a lawsuit against a volunteer organization comprised of dedicated members who risk their lives to protect our residents.”
According to the claim, Koltoukis believes the event that culminated in his termination occurred in November 2010 when he allegedly witnessed Tim McKenna trying to rig a fire department election by performing a count behind closed doors. Koltoukis claims he was physically assaulted by “McKenna’s political allies in a closed-door meeting with McKenna.”
Tim McKenna declined to answer questions about the lawsuit, saying any questions about the department should be directed to Township Fire Chief Ron Garbutt. McKenna’s son Kevin could not be reached.
“It’s just a shame it came to this,” McKenna said. “We do what we do for nothing.”
The township is served by five volunteer fire companies — Oceanville, Germania, Pomona, Bayview and South Egg Harbor. Each department has an internal chief. Garbutt oversees all of the departments.
According to the lawsuit, Koltoukis told Garbutt and others about his concerns, but no changes were made. Garbutt did not return calls seeking comment.
The Oceanville company — the township’s first fire company, established in 1924 — consists of 35 volunteer firefighters. The company’s primary protection area includes about 15 square miles in the northeastern portion of Galloway, including the Oceanville, Smithville and Leeds Point sections of the township.
Township officials would not comment on what benefits are afforded to the township’s firefighters. In the lawsuit, Koltoukis claims he was receiving health benefits, a life-insurance policy and a retirement package.
The township’s code regarding fire departments makes no mention of any of those benefits. The only documented benefit in the code is a tuition-credit program available to any active member of a township’s volunteer fire companies, first aid and rescue squads. The program is also available to the volunteers’ spouses and dependent children.
The benefit allows a volunteer to receive $600 a year in tuition credit, not to exceed $2,400 in a four-year period for the member, children and spouse. In exchange, the volunteer must pledge a minimum of four years of service.
“The law protects a person’s good-faith perception of what’s occurring,” Costello said. “There are benefits. Whether it’s a lot or a little is not the point. If they’re not supposed to get them, they’re not supposed to get them.”
Contact Jennifer Bogdan 609-272-7239 JBogdan@pressofac.com
