Railroad Township Negotiations May be Influenced by State Statute

Posted on November 2, 2016
Author Tyler Maffitt, WKVI

Conflicting perspectives have set Railroad Township on edge, but state statute may ultimately settle the matter of a contract with volunteer firefighters.

Following a short meeting last Wednesday, the Railroad Township Board voted down a 2017 contract proposal with the fire department on a 2-1 vote. Sources close to the situation said the contract was in need of further discussion after the township trustee again proposed financial oversight of the San Pierre-Railroad Township Volunteer Fire Department.

Attorney Stephen Buschmann with Thrasher Buschmann & Voelkel, P.C. represents Township Trustee Mandy Thomason, and acts as general counsel for the Indiana Township Association. He says requiring financial oversight in contracts between the township and the fire department is seen in contracts throughout the state.

“It is not un-normal for townships, the trustee, and the board to have financial information on how the department is using taxpayer money to make sure it’s spent right and, quite frankly, to make sure you’re budgeting properly in future years,” says Buschmann.

This counters statements made by sources close to the situation that the trustee may not have the authority to oversee the fire department’s financial records.

One source says the Railroad Township Board may attempt to push adoption of the 2017 contract into the New Year to prevent financial reporting to the trustee from continuing. Financial reports have been a point of tension between the township and the fire department, recently. Buschmann has issued letters to the township government alleging contract violations have taken place. Some have since been corrected.

Despite the current 2016 contract, Buschmann says there is not a statutory requirement that the information be shared with the township.

“They could be subject to audit by the State Board of Accounts so the State Board of Accounts will get it,” says Buschmann. “So it’s clearly a best practice.”

Even without a contract, the fire department is still expected to provide firefighting and emergency services in the area.

Following their down vote of the contract last week, the Railroad Township Board advised they would be sitting down with the trustee and the fire department as a group to assess the disagreements and come up with a solution.

Buschmann says that those meetings with the board and the fire department may also not be allowable. According to state statute, the trustee may contract with the volunteers and present it for adoption to the board, but the board itself may not negotiate the contract.

“It would be just like the general assembly trying to take over the executive branch of government,” says Buschmann. “Can’t do it.”

A new contract proposal is expected to come forward in the coming weeks. The fire department says they are working to understand the alleged violations and will work to communicate their contract issues in future meetings.