Chopmist firefighters claim private medical files disturbed

SCITUATE - When Chopmist Hill firefighters took back possession of the fire station they rent from the town under a court order Friday, Oct. 30, they found private rescue run files had been rifled through and equipment plundered, Chief Dennis Gaffney told The Valley Breeze & Observer.

The rescue run records contain personal information about the persons treated and transported by emergency medical technicians, including name, address, phone number, medications, and medical conditions, Gaffney said.

"When we got back into the station we found the file folders containing the records stacked on a desk out in the open in an unlocked office," Gaffney said. "The lock on the filing cabinet drawer where the records are kept secured is missing. Those records are protected by Health Insurance Portability and Accountability Act (HIPAA) and it is a violation of federal law to violate the confidentiality of those records."

The Scituate Police Department seized the fire station from the volunteer organization on Sept. 22 at the direction of the Town Council, which is alleging the Chopmist Hill Fire Department misused town-owned fire equipment and may have committed illegal acts, allegedly selling water taken from Johnston fire hydrants to private individuals in town.

Col. David M. Randall, chief of police, told The Valley Breeze & Observer Tuesday, Nov. 3, the station was subsequently turned over to the other volunteer fire departments.

The police "relinquished security of the building over to the volunteers of the fire departments. It is not being investigated because we were not in charge of the building."

Randall said that to date no report of the alleged breaking and entering of the file cabinet has been filed.

Gaffney said that rescue runs have not been made from the Chopmist Hill Station since its seizure by the council Sept. 22. As such he is unaware of any legitimate reason that someone would have broken into the files. The files are now locked up, he said.

"I can't say they haven't gone through people's personal records," Gaffney said. "If they needed them in the course of work that is one thing, but to leave them out in an unsecured room; you are responsible for people's records."

Additionally, a court order issued Tuesday directed the North Scituate Fire Department and the Pottersville Fire Department to return radios and equipment that their members took from the station that are the property of the Chopmist Hill Fire Department. As well, the North Scituate Fire department withheld sets of keys to the Chopmist Station when the district was returned to the station by court last week.

"They gave Chief Gaffney the key to a side door and kept the keys to the main entrances of the building," said Chopmist lawyer John L.P. Breguet.

Superior Court Associate Justice Jeffrey A. Lanphear issued a temporary restraining order last week that requires the Town Council to turn the Chopmist Hill Fire Station over to the Chopmist Hill Fire Department. That was accomplished Friday morning, Oct. 30.

The Town Council evicted the Fire Department on Sept. 22 under the legal doctrine of self help, utilizing the Police Department to carry out the eviction.

Judge Lanphear upheld the nine-year-old lease between the building's owner Wednesday, Oct. 28, the town, and the Chopmist Hill Fire Department. The town removed the department's fire trucks in September; the council returned them to the station recently and appointed a temporary chief.

Judge Lanphear said the Chopmist firefighters can not use the equipment pending an injunction hearing on Nov. 10.

"Town would not agree to give trucks back," said John L.P. Breguet, lawyer for Chopmist Hill. "The town says it owns the trucks. We feel the safety of the people of Scituate is more important. Until Nov. 10, we will agree to keep trucks at Chopmist Hill fire station. Rather than have the trucks be out in the rain somewhere we will keep them there to preserve the equipment."

"If there is a fire in the area we offered to help. If North Scituate needs help, we will help out. Our offer was turned down. For any reason assistance is needed, we have trained folks. The town would not accept our help. We just want it known that should something nasty happen, the Chopmist Hill Fire Department offered and was turned down," he said.

Breguet said on Tuesday the other volunteer fire departments have full access to the trucks, and the bays and they will not interfere verbally or physically.