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Chief Powell submits resignation to council WATCH THE VIDEO

Lead Summary
By
Brandy Chandler-brandychandler@gmail.com

Before approximately 70 firefighters, their family members, township trustees and Hillsboro residents, Hillsboro fire chief Jerry Powell submitted a check for $210 and his resignation to the Hillsboro city council.
 
The Chief said the ongoing negotiations with area townships for EMS/ fire services, along with the Hillsboro administration's reduction of his department to 12 members, led him to submit his notice to retire Monday, during council's regular meeting held in the Hillsboro Municipal Courtroom at the Highland County Justice Center.

Powell, who was wearing his bunker gear, said that he had just come from a fire on the south side Hillsboro, and former Hillsboro Fire and Rescue volunteers who are now working for other departments turned out on mutual aid to assist those in the "brotherhood."

"They still want to do their jobs," Powell said. 

Powell has been a firefighter for more than 20 years and a chief for 13. His resignation is effective May 28.

"It has been an honor to serve the citizens of the city of Hillsboro and Highland County," Powell said. "I have been fortunate to serve with some of the best firefighters and EMTs in the nation, and am grateful to them for allowing me to serve the county. I have told the firefighters for years, the years that I've been chief, that they should do what is best for them and their families. I am doing the same for my family, who have stood by me, and I thank them."

Powell said that "the current staffing reductions and budget have created a great safety issue that I am unable to resolve. I pray for a resolution, and (the city) allow the department to safety and effectively serve this community. I will always been grateful for having been allowed into the brother and sisterhood of the firefighters."

As Powell moved to sit down, he received a standing ovation from the crowd of firefighters and residents in the gallery. City council members, and then the administration, all rose to their feet, applauding for the chief.

Hillsboro City Council President Lee Koogler said that council appreciated the work has has put in to keeping area residents safe.

"We certainly appreciate your years of service and dedication to the city," Koogler said. "It has been a pleasure to get to know you and work with you over the years. We do thank you. I understand your concerns about the department and wanting to it function as properly as it can. I certainly know I share those concerns, and I'm sure council does, as well. We're still hopeful that as things continue to be discussed that a resolution will occur."

The check, Powell said, was the amount of money it would take to retain the volunteers through the remainder of the year. 
Following the meeting, Powell clarified to The Highland County Press that "firefighters are paid a yearly retention fee. The volunteers are paid $25 a year per firefighter, like an honorarium, for retention of their services. They are paid quarterly, so they've already been paid for the first part of the year. The way I figured it, they're owed $17.50, for 12 volunteers. That's $210."

The retention fee does not include the payment of fighting the fires, but allows them to stay on staff, Powell said.

"They are paid $12 for the first hour, $8 for the second hour. If they're filling in for a shift, they're paid $9 an hour," Powell said.

Powell had handed the check to Hillsboro Auditor Gary Lewis, before handing his resignation to Hillsboro Safety and Service Director Rick Giroux. Lewis then gave the check to council members. 

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Several firefighters and area residents addressed council regarding the layoffs of the 26 part-time and volunteers, and the future of the services. Some wanted to know the status of the negotiations, what the city ultimately intended to do.

David Herlensky, speaking on behalf of the volunteers, said they didn't hear that they were laid off directly from the administration, but rather they heard about it first through local news media. Giroux said that the city sent out notices to the staff that was being laid off, and if they found out through any other way, it was unintentional.

Later, Hillsboro Council member Peter Pence said that if the volunteers and part-time staff did find out from other sources first, the administration owned them an apology.

At Koogler's request, Hastings and Giroux weighed in on some of the questions.

Giroux said, "When we originally budgeted for the Hillsboro fire department for fiscal year 2012, the budget was for $1,434,000 and change. With the loss of Paint Township [Which joined the Paint Creek Joint EMS and Fire District in March] and essentially the loss of Hamer [Which Jointed the Lynchburg Area Fire and Ambulance District earlier this month], you're looking at approximately $208,000 in revenue loss. At the current rate of expenditure, leaving people in place, we would have run out of money, probably, in October. The reason for the part-time and volunteer layoffs was an attempt to stem the hemorrhaging."

For the roughly remaining six months of the year, Giroux said the city will say approximately $110,000 through the layoffs, to put a dent in the $208,000 spending deficit created by the loss of the two townships.

"(The layoffs) were a fiscal response to the revenue loss until we can conclude, hopefully successfully, our negotiations with the townships, for an adequate revenue stream to operate the fire department," Giroux said.

Regarding allegations this had been a "union busting maneuver," Giroux said that it was not, and that the affected staff were not union members.

"Prior to the bringing on of volunteers and part-time personnel, Hillsboro operated on a four-man shift prior to that, and we were serving a full area of 19,600 residents," Giroux said. "That includes Hillsboro and all the townships, including Paint and Hamer. With the loss of Paint and Hamer we now have a service area of 14,337 residents, which is about 73 percent of what we once had. The moral of the story is, if we were safe and adequately responding prior to the addition of volunteers and part-timers at a full rate four-man shift, then we should be safe with a four-man shift with a 73-percent service area.

One resident said that previously when the department was operating on the four-man shift, they still had the volunteers to assist. Giroux said they continue to "look at scenarios."

"Circumstances change, as our negotiations with the townships may change," Giroux said. "It's a very fluid, dynamic situation right now. It's certainly not resolved by any stretch. We will continue to have further meetings with the townships."

Giroux said, "The overtime generated will not be significant against the long-term coverage of the part-time and the volunteer costs until we get to a point where we're discussing things in more detail with the townships. It is a fiscal Band-Aid at this point to address a fiscal hemorrhage that has to be addressed. Fiscally, we can't squeeze any more money out of this stone we call a budget."

Capt. Ed Puckett, of Hillsboro Fire and Rescue, addressed council and the administration. He noted that he had previously been the department's assistant chief but was "demoted" following the "financial crisis of the city under the old administration.

"My problem with what is being said here is that we're not getting to the root of the problem," Puckett said. "First of all, we're taking the fire department and we're funding other things. We build a new fire station and we see it in the papers ... about the money it cost. Yet, we have a police station ... and money is coming from EMS revenue to pay for (it). Money that could have been utilized for manpower. Second of all, we talk about that the fire department is the big budget drain on the city. We hear it every day. Yet we have a police department that has the same budget but no revenue."

Puckett said, "I have a problem that (the fire department) produces $480,000 in revenue from the townships prior, and we're the drain on the city."

Prior to the city utilizing the volunteers and part-timers, Puckett said, "We spent $360,000 a year on overtime that the council and the city and the residents were upset about. We did not operate with four people. We operated with all those other full-time guys as call-in. That's what produced that $360,000.

Puckett said that he had never seen a city that prohibited its fire chief from participating in negotiations regarding services. As the current negotiations with the township are ongoing, no one from Hillsboro Fire and Rescue has been permitted to give their input or participate, Puckett said.

Additionally, Puckett said he doesn't understand why the fire department has to sustain cuts while the city administration is allowed to grow.

"We talk about money and fiscal problems, but yet, we grow administration, we give raises to new hires and create positions. We hire in one department and layoff in the other," Puckett said. "We have no back resources to come in and help us now. None. So what I will say: When it's your family, in a fire or something and there is nobody to respond, it will not be the fault of the fire department. I want everybody to understand, it's not because we won't want to come, or we can't. If we're not here, we can't come."

Washington Township trustee Arthur Harless asked Hastings and Giroux why they had stopped negotiations with Washington, Jackson and New Market townships. Giroux said he felt negotiations were ongoing with all townships.

We've been in negotiations with all the townships on a frequent basis," Giroux said. "We're more than happy to talk with you at any time. It just happens to be that we're talking to Liberty right now, just like we talked to your township separately last week or the week before last."

Giroux said that after the city's last meeting with Washington, the parties felt they were "at an impasse." The contracting situation, he said, "has been pushed around like broccoli on a plate for years, and now it's come to the moment of truth that it needs to be resolved. What we want more than anything is that we want it resolved in a fair and equitable manner so that services are provided and that they're paid for. It's that simple. It's being made more difficult than it needs to be. It's just a matter of funding it properly."

Hastings said the reason the city was talking to Liberty "seemingly to the exclusion of (Washington, Jackson and New Market townships) is because "Liberty is the linchpin of it all. If we're not able to put a deal together with Liberty, none of the rest matters."

Several trustees audibly responded to Hastings' remark, with some and saying "Thank you" and "We appreciate that."

Hastings clarified his comment, saying, "Because they're the largest township. Geographically and logistically, if you're going to put a deal together, you need to put Liberty together, and then the others, we assume, would fall into place. Talking to the townships en masse did not seem to work."

If a deal is reached, Harless asked, "Are you going to have enough firemen to cover us?"

Giroux said, "The moral of the story is, the level of service is going to be directly proportional to the amount that you can afford. Obviously, if we have an adequate revenue stream we'll make sure that we have the resources to provide the service."

Harless said that one of the reasons negotiations have not worked out is because the townships wanted a long-term contract, for three to five years, so that negotiations are not taking place every year. Hastings agreed that a long-term solution was needed.

"The issue of long-term contracts wasn't the issue," Giroux said. "It was the issue of the rate of the long-term contract. The district was an alternative solution to the impasse on those long-term contract rates."

Harless said the first meetings the townships had with the new administration, "You said the townships was causing the problem all along. Basically it came down to we wasn't paying our fair share."

Giroux said Harless was putting words in his mouth, and that he never said that. Other trustees chimed in to agree with Harless.

Hastings said that he wanted to stop the conversation at that point, because negotiations between the parties are ongoing.

"I am working really diligently. This is not fun for me either," Hastings said. "I'm not a well-loved man right now in certain circles. I would love to be able to pick up the phone and (call the trustees) and say, 'Gentlemen, we have a resolution.' And I am working towards that. But we're not going to work it out (tonight) and I'm not going to let (Giroux) continue talking in here while we're in the middle of negotiations and trying to get this stuff worked out. But I assure you, we're trying to get it worked out. That's why this all came about last week. I know it appears to you like I backpedaled, and maybe I did. There's people that can say I did that."

Hastings encouraged area residents to turn out to his "public briefing" on the township EMA/Fire matter at 6 p.m. Wednesday at Southern State Community College.

Giroux told The Highland County Press following the meeting that he would need to review the process and ordinances regarding how the city would fill the fire chief's position, and take into account Hastings' opinions on the matter. Giroux said that so soon after receiving Powell's resignation, he was unable to say if a new chief would be selected internally from the 12 staff firefighters, or if there would be an outside search.

When it comes to the EMS/fire services negotiations, Giroux said that the fire district with the townships and the city is their primary focus, but that he would not completely rule out a contracting situation.

"The fire district is, obviously, still being discussed. We need to deal with one option at a time," Giroux said. "Let's see where we are with the district, and until we know where we stand with that, there's no sense discussing the other options. Hillsboro - the city - wants the fire and EMS issue solved, in an equitable fashions, hopefully to everyone's satisfaction."

Members of the administration are scheduled to meet Tuesday with Liberty Township Trustee Jerry Williams, Liberty fiscal officer Jolene Walker, and township legal counsel Highland County Prosecutor Anneka Collins.

Following Monday's council meeting, Washington Township Trustees Jason McKee and Larry Shannon said the city administration has not been in contact with them regarding a resolution to the service issue. Two weeks ago, the trustees said, they met with Hastings to ask if the city would consider contracting with them for services. No agreement was reached, and the trustees said there has not yet been further contact.

"We can't do a one-year contract," McKee said. "We need five years. We need to know what to put on a levy."

Liberty Township Trustee Steve Lerch said that the reason Liberty was the "linchpin" is "Because we're the prettiest girl at the dance right now. With the money we have in our reserve."

Liberty currently has approximately $520,000 in their fire reserve fund, but $80,000 will go to Hillsboro in the coming month for the 2012 fire/EMS contract.

"It boils down to dollars and lives," Shannon said. "It shouldn't be like that."

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