Two months after taking over emergency services for an area that had been served by the West I-10 Volunteer Fire Department for 36 years, Harris County Emergency Service District 48 has had to figure out how to operate efficiently without ample resources while the West I-10 department continues to question the district's decision to end the two parties' longtime partnership.
The strife has further deepened since a Harris County judge split up assets between the two entities in an August court hearing.
Since the district's takeover, a transition more than a year in the making aimed partly at preparing for continued area growth, it has operated with borrowed or leased equipment and had to at times rely on aid from neighboring fire departments while also operating a station out of a local hotel as it waits for purchased emergency vehicles and equipment to arrive and for a new leased building to be ready.
The West I-10 department contests that the district has been irresponsible in how it has handled the transition and believes the area is not being serviced as well as before.
On May 31, either a judicial district judge or a trial jury will determine who retains permanent possession of assets that were split between both entities through the August temporary injunction, with the West I-10 department also suing for the district to give back service responsibilities or pay out a now-dismantled three-year contract from 2014.
"We were at the top of our game (before the transition)," said Jose Ramirez, captain and board president at the West I-10 department. "If this community would see the amount of waste of taxpayer dollars and the level of service that has declined in this area … (District 48 is) not looking out for the best interest of this community."
August's ruling for temporary possession of assets gave West I-10 most of the items because the ruling was based on who had the titles to assets. That left West I-10 with possession of Station No. 1, located on Kingsland Boulevard and Station 2 on Dominion Drive. The department also has a tower fire truck, four pumper trucks, a ladder truck and a rescue vehicle that carries an array of equipment in addition to three ambulances and other emergency vehicles and equipment.
District 48 received possession of Station No. 3 on Westgreen Road, Station No. 4 on Franz Road and Station No. 5 on Westfield Parkway, as well as three pumper trucks, three ambulances and three first-responder vehicles.
The district, which collects a property tax, is hoping to gain possession of each West I-10 asset in the May court hearing because district representatives say it funded those assets along with that fire department's operations.
The nonprofit West I-10 department is confident it will retain the assets and get back those given to the district. West I-10 argues that it owns everything because the district funded the department as part of a fee-for-service contract.
West I-10 has continued to provide mutual aid to other local departments despite not having a role in responding to emergency calls in District 48, but it has dwindled from a 250-member group of mostly volunteers and some paid personal to about 50 volunteers, Ramirez said.
Tough decisions
For District 48, the lack of resources has led to tough decisions. While operating out of the three stations, the district is also operating from the Home2 Suites hotel on the corner of Westgreen and Interstate 10.
The district roughly extends south from Clay Road to the Fort Bend County line and east from Katy Fort Bend Road to as far as the Barker Dam.
District 48 has also had to use partial aid from neighboring fire departments such as Katy's and had to borrow equipment and use old radios to communicate while having to also use third-party emergency services such as Concord Emergency Medical Services.
Many members from West I-10 have joined the district 48, which says it now has 37 volunteers, 67 paid staffers, five full-time firefighters and 42 full-time EMS workers.
Besides handling growth, much of the reason the district wanted to take over service is to be able to attract quality paid staff because it can offer public pensions, said Howard Katz, the district's attorney.
"We have asked West I-10 to hand over what they possess so that we can use it and not have to operate like we've been having to, at least until the (court hearing in May), and they have repeatedly told us no," Katz said. "How is it that other local fire departments have helped out but they can't step up to help out?"
Ramirez said the district declined West I-10's offers to provide mutual aid.
West I-10 board member Tim Thomas said that handing over possession of assets would mean the department could not provide mutual aid to other local departments. He and his seven-member board, along with Ramirez, point to the district's added expenses because of the transition as proof that organization doesn't have the community's best interest in mind.
District 48 remains resolute that it is only spending within its budget even as it will finance one ladder truck and one pumper truck costing a total of about $1.7 million and two ambulances costing an estimated $250,000 this year. It also will be leasing a building soon on Kingsland and will likely need to make more emergency vehicle acquisitions.
The district points to its tax reduction planned for next year, a 0.3-cent reduction, as well as its net amount remaining for this year, which is almost $2 million, as a sign that it is financially healthy.
"We are not going to sit around and wait for a trial," Katz said, to get necessary vehicles and equipment. "We need to address certain things now."
Breach of contract?
The obstacles could cause some delays to calls serviced by the district, but overall, response times so far have been adequate, Battalion Chief Les Fulgham said.
"We continue to service the area and send out guys every day. We respond to each call and always have the proper emergency vehicles and personal there," Fulgham said.
The drama began in Sept. 2014 when District 48 leaders began to pursue a longtime idea to transition a few paid workers from the West I-10 department to a new management structure under the district, according to Marshall Kramer, the district's board president. The district moved forward with the idea in November of that year, though it still planned to incorporate West I-10 volunteer crews.
As time passed, the district wanted to transition more paid personnel to its payroll, and the changes included leadership positions being switched from the fire department to the district. West I-10 personnel did not favor having governmental leadership over a nonprofit organization.
Near the end of 2014 and beginning of 2015, the district did not approve a 2015 budget for West I-10. The move, along with the personal shift, prompted West I-10 to accuse the district of breaching a three-year contract it had signed just months before, though Katz contests that language in the contract says a budget needs to be submitted for the contract year to year.
West I-10 argues that there is no termination clause in the contract based on the budget and that the district committed fraud by having a false pretense when it signed the contract while beginning to discuss a possible personal transition.
On July 1, ESD 48 filed a lawsuit for West I-10 to hand over vehicles and equipment and vacate fire stations while announcing it would take over service and noting it funded all assets. West I-10 responded with a counter suit arguing the fee-for-services contract.
As it waits for the May court date, ESD 48 continues to promise the same, if not better service than West I-10 provided.
"I think the district board went into this transition knowing it may have to design and build its fire department from the ground up," Katz said. "The district board has taken those steps. Yes, it would be easier to start with all the assets the district already paid for and owns, but the district has taken the steps to ensure all the emergency services are available and are provided, and mostly by the same, dedicated people."
West I-10 personnel recognize the partnership will likely never be saved, so the department is in negotiations with other districts to provide service. Even if it loses the legal battle, it will survive, said Ramirez.
"For months we have asked (ESD 48,) 'Why are you doing this?' " Ramirez said. "We are the best option for this community. We are the tested fire department. It makes no sense what they've done."
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