On March 25, 2024, a Hennepin County District Court Judge once again found the City of Orono in contempt of court in the case City of Long Lake v. City of Orono regarding the Long Lake Fire Department (LLFD) situation. After entering into what appears to be uncharted territory when it was found to be in contempt related to an action between two cities, Orono now finds itself on an apparently unprecedented path when it was found in contempt a second time for violations related to their recruitment and hiring of LLFD firefighters and proposed construction of a garage structure adjacent to LLFD’s Station 2.

The Court ruled Orono’s actions have hindered the LLFD’s service capabilities in violation of the Court’s orders, and found it credible that Orono’s hiring, if continued unchecked, could be “catastrophic” to LLFD’s ability to effectively function. The Court has therefore barred Orono from hiring any additional Long Lake firefighters or unilaterally constructing any structure on the Station 2 site. In addition, Orono has been ordered to pay fines for violations related to the continued recruitment of LLFD firefighters, as well as Long Lake’s costs and attorneys’ fees related to the motion.

The ruling followed a hearing on February 1, 2024, ordered by the Court after holding the City of Orono in contempt of court on November 21, 2023.  That Order of Contempt resulted from the Court determining that the City of Orono committed multiple violations of the Order for Temporary Injunctive Relief issued on July 14, 2023.

In its ruling, the Court found that “Long Lake has proven violations of the provision of the Temporary Injunction enjoining Orono from hindering operations of the LLFD before the end of this litigation,” and elaborated with the following (pages 29-30):

Recruiting and Hiring LLFD Members

• “Long Lake established, by a preponderance of the evidence, that Orono willfully disobeyed the Temporary Injunction by hindering operations of the LLFD when it hired ten LLFD firefighters, causing the number of LLFD firefighters serving two departments to rise above 25%. Furthermore, the Court finds that Long Lake established, by a preponderance of the evidence, that Orono willfully disobeyed the Temporary Injunction’s prohibition against Orono’s recruitment of LLFD firefighters by offering a waiver of the standard physical and psychological exam requirements for a class of applicants that included only current LLFD firefighters.” (Page 29, Item 6)

• “Based upon the Court’s finding that Orono’s waiver policy constitutes a recruitment incentive limited solely to LLFD firefighters, and as Orono applied the waiver to two additional firefighters hired after the Temporary Injunction and the First Contempt Order prohibited such recruitment incentives, the Court finds that Orono should be assessed a fine for its continued violations of the Court’s past orders.” (Page 30, Item 10)

LLFD Station 2

• “The Court finds that Long Lake established, by a preponderance of the evidence, that Orono’s proposed construction of an ancillary building next to Fire Station 2, for which plans were prepared and submitted to the Orono City Council, also would hinder the operations of the LLFD.” (Page 29, Item 7)

Finding of Contempt

• “Therefore, Orono is found to be in constructive civil contempt. The Temporary Injunction clearly defined the actions Orono must not take: Orono was enjoined from hindering the LLFD either through the recruitment of LLFD firefighters or through its planning process for an accessory structure that would affect the LLFD’s operation of Fire Station 2. The Court finds that it was well within Orono’s power to comply with the Temporary Injunction, but Orono failed to do so with respect to firefighter recruitment, and it also failed to do so with respect to the impact of its plans for an accessory structure on the operation of Fire Station 2. The Orono City Council’s vote on March 11, 2024 to reject the bids submitted to build the proposed accessory structure does not eliminate the basis for the Court’s finding of contempt based upon Orono’s planning process for the structure prior to that vote, although it does lead the Court to find that no continuing contempt will occur.” (Page 29, Item 8)

The City of Long Lake is appreciative of the Court again ruling in favor of the City of Long Lake, the LLFD, and public safety of those we serve. As noted in the Court’s injunction against the City of Orono in July, “Orono has competed with Long Lake for scarce firefighting resources in a rush to set up its own fire department early, while the parties’ contractual relationship remains ongoing.” This second order of contempt affirms the City of Long Lake’s continued position that the safety of residents in the four cities proudly served by the 42 members of the LLFD is paramount along with ensuring the LLFD has the resources it needs to respond to emergencies in our community.

For additional information and details on this ongoing situation, please visit our Fire Services Updates and Information pages.

Featured on the City of Long Lake website https://www.longlakemn.gov/fire-services-updates-background-information/page/court-ruling-issues-second-order-contempt-city

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From the City of Long Lake Webpage 4/27/23

Update on Long Lake Fire Department Contractual Relationship with Orono (Introduction Updated February 2023) - The Long Lake Fire Department (LLFD) was founded in 1915, and the City of Long Lake has a lot of pride in its Fire Department and firefighters who have served our community for many, many years.  The LLFD serves the cities of Long Lake, Orono, Minnetonka Beach, and southern Medina.  In April, 2021 the City of Orono officially notified the City of Long Lake that it is terminating the contract for fire protection services that has been in effect since 2002.  This termination will take effect on December 31, 2025.  Since that time, several letters have been exchanged between the two cities and they are listed below (along with other pertinent presentations and videos) in chronological order from the most recent to the oldest.  

In the summer and early fall of 2022, two City Council representatives from each City (in our case, Mayor Miner and Council member Dyvik) began meeting on a regular basis to discuss the future of fire service in our communities, as well as in the other cities served by the Long Lake Fire Department.  Various options were being considered; however, in late September Orono stopped participating in the negotiations and instead sent a letter to Long Lake offering the "transition" of the LLFD to the City of Orono.  Long Lake responded to that letter on October 12 and again on January 27.  Copies of all letters between the two cities regarding the Fire Department situation are available below.  We will keep Long Lake residents informed of potential outcomes as we move forward.  In addition to communications with Orono, City staff and Council members have also been participating in a working group comprised of several area cities and fire departments that was initially led by the Minnesota State Fire Marshals Office.  The group is discussing ways to potentially consolidate fire departments and/or share equipment.  This is due, in part, to a national trend of fire departments consolidating due to ever-increasing staffing shortages and rising equipment and facilities costs.  

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