Brick Sues To Force Volunteer EMS Squad To Turn Over Building

BRICK, NJ — Brick Township has filed a lawsuit seeking to regain ownership of a building that used to house the Brick Township Volunteer EMS Squad because it's no longer being used for emergency services.

The lawsuit, filed in Superior Court in Ocean County, asks the court to transfer ownership of the Aurora Place property back to the township because the building is being used solely as a commercial facility, officials said. A deed restriction requires that the property only be used for emergency services.

Brick Township officials want the property back to use it as an emergency services facility, and say the squad should have turned the property over when it formally dissolved the Brick Township First Aid Squad in 2014.

The suit also accuses the remaining squad members of misusing funds from the Brick Township Volunteer EMS, estimated at $250,000, because it is no longer adhering to its mission spelled out in its nonprofit paperwork. It wants the courts to distribute those funds to other similar nonprofits.

The lawsuit exposes what has been a lengthy feud between the township and the few remaining members of the squad, which originally was founded in 1942 as the Brick Township Volunteer First Aid Squad.

The squad, which for many years occupied the building in Brick Plaza that now houses Auto Place, moved its operations to the Aurora Place site in 2002. By 2006, membership was falling in volunteer squads across the township, and in 2010, the Brick Volunteer First Aid Squad merged with the Community and Herbertsville First Aid squads to create the Brick Township Volunteer EMS. Properties owned by the other two squads were sold off.

As fewer volunteers could fill shifts and the township created a paid EMS through the police department, a rift formed. It remained mostly under the surface until 2017, when squad members began telling people about the conflict. It escalated to a Facebook post in August 2017 where the squad claimed township officials were trying to shut them down by forcing members "to undergo testing that was unethical and not required by any of the other surrounding volunteer EMS organizations."

"We, just like every volunteer organization, have had our share of problems," the post said, saying the township was imposing restrictions that were discriminating against the squad. "Our members are also NJ state-certified emergency medical technicians, just like all of the paid and volunteer members that continue to treat our residents on a day-by-day basis."

The township's lawsuit lays out a different picture. As the volunteer members became fewer and the township shifted to more paid EMS, the town began to examine what was happening with the squad, requesting information on certifications, training and drills.

"At times (the volunteer squad) could not provide staffing for their assigned shifts," the lawsuit says.

Requests for documentation from the squad on certifications and training were refused, the township said, and when the squad finally provided them, the documents showed members were not properly certified and hadn't had ongoing training. There was "a lack of evidence the volunteers were proficient in essential lifesaving skills." The town barred them from administering some lifesaving medications, including aspirin, albuterol and EpiPens.

After the squad had filed its formal dissolution, the town "worked to identify ways to help the volunteers rebuild an active, trained squad," the lawsuit said, including setting up a training curriculum in 2016 at no cost to the volunteers. There were 23 who attended the initial sessions, but over time, that number fell to just four members.

None of the four members passed the practical exam at the end, the lawsuit said, and the town informed the squad it would no longer be allowed to provide EMS services. The township, which had purchased ambulances and other equipment for the squad, took possession of that equipment in April 2017.

Since then, however, the squad has refused to turn over title to the Aurora Place property in Lake Riviera, which it bought from the Breton Woods Volunteer Fire Company for $1 in 2002.

That was the same price Breton Woods paid the township when it bought the property in November 1964; the sale included the restriction that the property be used solely for emergency services to benefit the public, according to the lawsuit.

Instead, it houses a church and the rental hall; it was converted to a commercial use on the tax rolls and has been paying property taxes since October 2018.

Brick Police Chief James Riccio said the situation was unfortunate but the decision to bar the squad "was made in the interest of public safety."

Mayor John G. Ducey said the township appreciates the efforts of those who served on the squads over the years.

"We first and foremost want to thank the many people who served on our volunteer EMS squads for their selfless service. For decades, these volunteers were the primary source of emergency response for our community," Ducey said. "Their contributions can never be diminished and will never be forgotten."

"As with all areas of volunteerism, the time constraints on today’s families have made it harder to offer time, especially in an area that requires immediate response and a need for constant training on techniques, procedures, and interventions that are needed to save lives in critical moments."

"We are committed to providing our residents with the best possible service especially in an emergency when minutes count," Ducey said.

The Aurora Place building will serve as an EMS post for the south side of the township, with another location on Lanes Mill Road.

Note: This article has been updated to correct that the Aurora Place building was at the site when the Brick Township First Aid Squad bought the property from the Breton Woods Fire Company in 2002.

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