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.
