Little Rock board authorizes retainer for PFAS firefighter-gear litigation

The Little Rock Board of Directors voted to authorize a retainer agreement with Grant & Eisenhofer, P.A., directing the city attorney to pursue affirmative litigation on behalf of Little Rock to recover costs stemming from the purchase of PFAS-contaminated firefighter turnout gear. Director Lance Hines moved to adopt the resolution; the motion was adopted on a recorded voice vote.

Mayor Scott thanked City Attorney Carpenter and Chief Deputy Attorney Lynette Perez for their work on the matter and said the agreement is intended to help “potentially aid our firefighters through this process.”

Director Miller asked what type of turnout gear firefighters currently wear in light of the contamination disclosures. Chief Doan said some of the department’s existing gear contains polyfluoroalkyl substances in the moisture barrier located between the outer garment and the inner garment. Doan described current departmental measures: decontamination of gear as quickly as possible after use and active wear-testing of PFAS-free gear with members of the health and safety committee and field personnel.

“Members of our health and safety committee as well as some members that are in the field…we are currently wear testing gear that is PFAS-free at this time,” Chief Doan said.

The resolution’s text, read aloud during the meeting, authorizes the city manager to execute a retainer and authorizes the city attorney to prosecute affirmative litigation with Little Rock as a named plaintiff seeking recovery of costs related to the purchases of the contaminated turnout gear. The board recorded a unanimous “aye” vote in favor of adopting the resolution; the clerk noted the board was voting on a resolution and the motion carried.

Next steps noted in the meeting: execution of the retainer by the city manager and continued departmental testing of replacement gear; staff indicated they will pursue the litigation under the authority granted by the resolution.