Posted on January 31, 2017
Author Michael Gallenberger, WKVI
The restructuring of Railroad Township’s fire protection will be able to proceed, following a decision in Starke Circuit Court Monday.
Judge Kim Hall ruled that as township trustee, Mandy Thomason has sole authority to enter into a fire protection contract, without the approval of the township board. That allows her not to renew Railroad Township’s contract with the San Pierre Volunteer Fire Department and instead contract with a new Railroad Township Volunteer Fire Department.
Since an initial court hearing on December 30, the San Pierre Volunteer Fire Department had been providing fire protection under a temporary contract extension. It was designed to give Thomason and the fire department another chance to work out an agreement, but no progress was made during that time.
Attorney Cassandra Hine represented former San Pierre Fire Chief Joe Kryzyzanowski and Railroad Township Board members Clarence Gehrke and Gus Eckert. Hine said Monday that Thomason refused to meet with Interim San Pierre Fire Chief Mike Korous out of fear for her personal safety. To aid in the negotiation process, Hine requested that the case be referred to mediation and that another contract extension be put in place in the meantime.
However, Judge Hall said the dispute boiled down to whether Thomason had the sole authority to approve a fire protection contract or whether it also required the approval of the township board. He pointed out that since he didn’t see a scenario where the township board could have sole authority, any decision he could make would eventually lead to the same result: a non-renewal of the San Pierre Fire Department’s contract.
In his ruling, Hall cited several sections of state statute. He found that the township board’s authority when it comes to contracts is limited to financial oversight. Hall compared the situation to a county council’s authority to approve the expenditures of the county sheriff.
Meanwhile, Thomason’s attorneys said that she was ready to sign a contract with the new fire department. However, several questions remain. For example, the radios used by firefighters are owned by the township, but the license to operate them still apparently belongs to the San Pierre Fire Department. Meanwhile, some other equipment is actually owned by Kankakee Township, and whether the new fire department will be allowed to use it remains to be seen.
During Monday’s hearing, Hine criticized the proposed arrangement as fire protection “in name only.” She pointed out that the Railroad Township Volunteer Fire Department has only legally existed since last Thursday. Hine also said that several residents are ready to begin impeachment proceedings against Thomason, believing that the change amounts to a failure to provide fire protection, as required under state law.
Showing posts with label San Pierre-Railroad Township Volunteer Fire Department. Show all posts
Showing posts with label San Pierre-Railroad Township Volunteer Fire Department. Show all posts
Tuesday, January 31, 2017
Wednesday, November 2, 2016
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.
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.
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