Decisions in Brighton fire dispute promised next week

BRIGHTON — The city of Brighton plans to discuss and potentially take new action in a dispute with its fire department volunteers at a special meeting March 13. The date comes two days before the date the city’s firefighters said they would stop responding to calls unless certain demands were met. Following through on the ultimatum would effectively shut down the 131-year-old department, either until a deal is reached or indefinitely.

With pressure building, city council members said they needed an extra week to consider their options in light of new information revealed Monday night.

Surprise donation shakes up memorandum of understanding debate

In an unexpected twist, one Brighton resident donated $2,000 in cash to the city during the meeting’s public comment period. Dick Green, who is also an area pastor, said he hoped the money would settle hang-ups in a memorandum of understanding between the city and its volunteers.

Firefighters had requested a memorandum committing $2,000 extra dollars per year to a dedicated the fire fund for maintenance costs, but city officials said they didn’t have the revenue to do that legally, and could only provide “up to” that amount, as needed, without allowing the department to save it up.

Green said his contribution was the right thing to do, and would put everyone’s money where their mouth was.

“Some of the firemen, from my understanding, have still not forgiven the city for what seems to be a clerical error,” he said in an interview after leaving the council chambers. “This here’s actually going to prove a point. If this doesn’t take care of the situation, giving them the $2,000 … then we know it’s not about the money. It’s about personalities, or power or something else.”

It was not immediately clear whether Green’s donation would solve the issue. While the $2,000 bolt from the blue would meet firefighters’ request for one year, some city officials said they didn’t expect enough revenue to keep the ball rolling in the future.

City Clerk Michelle Talley said the city could create a new account, authorized only for fire station maintenance expenses. While it may not necessarily be part of the fire fund, doing so would allow the city to finance the plan using local-option sales tax (LOST) revenue that can only be legally spent on infrastructure, locking it out of accounts with operation expenses like the fire fund.

Mayor Melvin Rich said that was a possible alternative to a fire fund contribution, which the city has rejected in previous votes.

“If we can come up with the $2,000, put a separate line-item under LOST option or put under the fire fund or something, we can keep building that and use it on the fire department for repairs,” Mayor Melvin Rich said. “Two people brought it to me that had talked to the fire department and said, ‘This is what it would take to make this work.’”

Council Member Rose Jaynes said she was unwilling to reverse the memorandum already voted on by the city, which firefighters have since rejected by refusing to sign. Not everyone at the table agreed, however.

“When I talked about, ‘Up to $2,000 per year,’ that’s because I thought maybe we could make that work in the general fund,” said Council Member Cathy Rich. “If that could build outside the general fund, if we could … use money from the local-option sales tax for that, that’s money we would be using anyway for repairs and maintenance when they’re made.”

28E, advisory board plans up in the air

Possible changes to the city’s fire protection agreement with surrounding townships are also on the agenda for next week. The intergovernmental arrangements are governed by a document state code calls a 28E agreement.

In a letter to the city, firefighters listed a new 28E agreement with townships as another condition to their continued service. A city-hired consultant proposed a new version in January, with changes that would formalize the process for budget planning and advisory board involvement, set deadlines for parties’ fire protection payments, and clarify what funds cover various fire-related expenses.

Township representatives have endorsed the updates, but said they were unwilling to meet a city demand that each community sign a separate agreement, rather than sharing the same one. That conflict resulted in a 3-2 city council vote Feb. 14 to keep the previous 28E agreement on the books.

Previously, the debate centered on which side would face greater legal headaches from either approach. At Monday night’s meeting, however, arguments focused instead on power dynamics. Cathy Rich said a shared agreement — new or old — gave trustees disproportionate leverage to push back on city policy.

“I feel like we have been pushed into a corner, and what’s to stop it from happening again?” she said. “I would like to think not all of the trustees feel the same way, but we’re having to respond as if they all do … I don’t understand why we need a group of people on one agreement that can manipulate elected officials in the town.”

Council Member Dave McArtor said he agreed with Rich, but did not understand the strong feelings either way.

“It’s the same agreement, (with) identical forms,” he said.

Area resident and firefighter Abe Miller accused council members of trying to prevent townships from making unified demands.

“It seems to me the city council is interested in greater government control, which is exactly what a 28E agreement is, when you have separate agreements,” he said. “It’s a lot easier for government to separate and kill stuff if you have them separated, rather than one unified agreement.”

With city officials voicing broad opposition to a shared 28E, City Attorney Katie Mitchell said she would consult with townships’ legal representatives to determine their preference between a shared, older 28E versus updates with separate agreements.

The city has ostensibly already met a third call to action from firefighters by establishing a fire advisory board, intended to facilitate communication between the townships, department and city council.

At Monday night’s meeting, however, city officials said Fire Chief Bill Farmer was unwilling to chair the body, a role reserved for him by a resolution passed in February.

Without an alternative chair outlined in that resolution, council members said they’d consider changing the rules, allowing the department to send a delegate of the fire chief’s choice for representation on the board, rather than assigning it to the chief, specifically.

Farmer was not immediately available for comment.

Mitchell said she would also consult townships for their preference on an alternative advisory board chair.

Last-resort options lined up

Melvin Rich said the city still hoped to avoid a fire department walkout, but that plans existed for outsourced fire protection to itself and townships under the current 28E agreement. Those agreements would meet the city’s obligation to provide fire protection spelled out in fire protection agreements.

The backups: the Washington Fire Department would respond to calls in Brighton Township and the city itself. Richland would respond for Clay Township, Pleasant Plain and the northern part of Penn Township in Jefferson County. Otherwise, Fairfield is set to respond to Jefferson County calls.

While no formal agreements are signed yet, Rich said they would be if needed.

“We’ve asked Katie (Mitchell) to draw up agreements with these other fire departments, I hope we don’t have to use them,” he said. “We’ve never discussed the financial part of it or anything like that, but these guys said if they’re called, they will respond.”

Out-of-town firefighters at Monday night’s meeting confirmed that they were willing to help, but said they were less than thrilled about the prospect.

“We’re a little concerned,” said a volunteer from the Richland Fire Department. “We’re going to have to come down here so far to cover you guys because of this tiff, and then we’ve got to leave our own stuff unattended to … everybody’s actions trickle downhill, and it’s a problem.”

Comments: Kalen.McCain@southeastiowaunion.com