Effective January 1, 2006, it appears all employees of the Oxford Fire Department will be employees of Oxford Township, not the Oxford Public Fire and EMS Commission (OPFEC).
‘We’ve got to take a leadership role and actually do what the voters elected us to do, which is basically take these fire millages and start acting, get things going,? said Treasurer Joe Ferrari, who made four motions Nov. 9 to essentially make all fire employees township employees beginning next year.
Those motions included:
n Hiring all the existing fire department employees, with the exception of the chief, at the current wage and benefit levels as of Jan. 1, 2006. Passed 5-2.
n To form a committee consisting of Ferrari, Trustee Doleen Behnke and Supervisor Bill Dunn to negotiate a contract with Fire Chief Jack LeRoy starting January 1, 2006. Passed 4-3.
n As of Jan. 1, 2006, Oxford Township adopts the current fire department personnel policy for a township-owned fire department. Passed 5-2.
n Authorize Supervisor Bill Dunn, with consultation from Chief LeRoy, to develop a job description for an EMS Coordinator (someone who will establish and oversee the department’s Advanced Life Support and EMS operations) and begin advertising for a person to fill that position under the current fire department benefits and personnel policy. Passed 4-3.
The township board’s action was based on its belief that come Jan. 1, the fire department will be run through the township, therefore it must hire the employees and begin looking into issues such as transferring health insurance and retirement benefits, and setting up an accounts payable for the department through the township clerk’s office.
‘I don’t want to be sitting here saying, ‘Holy cow! We forgot to hire the fire department,?? said Trustee Charles Kniffen, noting there’s ‘too much involved? to wait. ‘We’ve got to start moving now, so that come Jan. 1 we have a fire department.?
In May 2005, Oxford Township and Village voters approved a 1.5-mill fire operating millage and 1-mill tax to establish and operate local ALS through the department.
Levy of the approved millages will begin in December through the township, not through the department’s current governing body OPFEC.
‘My motion mirrors exactly what the vote said ? As of Jan. 1, the township collects the millage for the fire department,? Ferrari said.
On Feb. 23, 2005, Oakland County Circuit Court Judge Wendy Potts ordered OPFEC be dissolved and ‘any further disputes between the parties, including the distribution of assets, shall be determined by binding arbitration.? The matter is currently in arbitration.
Township attorney Chris Kaye cautioned the board against taking any premature actions concerning the future of the fire department and its employees.
‘We just don’t know for sure what’s going to happen come Jan. 1 at this point because we don’t have the arbitrator’s decision on that,? Kaye explained. ‘We are expecting a decision on that before Thanksgiving. The arbitrator has indicated that a decision will be made in time for a response to hit the ground running Jan. 1.?
With regard to Ferrari’s motions, Kaye said, ‘We don’t know if the township’s going to be in a position to hire people come Jan. 1. We do not know if it would be the township hiring individuals directly. We just don’t know what the institutional framework will be come Jan. 1.?
Trustee Sue Bellairs made the point that ‘the voters voted in the money? to the township.
‘The voters already said where the money was going and what was going to be done with it,? she said. ‘That’s what the people voted for and I’m for the vote of the people. We can’t change that.?
‘I understand that, but we do not have the arbitrator’s decision at this point,? Kaye reiterated. ‘We do expect prior to Thanksgiving or shortly thereafter, some decision from the arbitrator at least about what’s going to happen come Jan. 1. The arbitrator hasn’t ruled yet on what’s going to happen Jan. 1?
Supervisor Dunn, who voted against all four motions fearing they were premature and could turn the arbitrator and/or judge against the township, asked Kaye, ‘Are we going to make someone mad by taking the ball and running right now? Are we going to upset the judge or the arbitrator??
‘I think that’s a real possibility,? Kaye replied.
Ferrari pointed out the board’s assuming that whatever the arbitrator decides, both sides will be happy. He said the arbitrator’s decision could cause one side to appeal to the Court of Appeals.
‘I put absolutely no stock in the whole thing (i.e. the arbitration process) because it could actually be appealed again and appealed some more and appealed a third time and appealed a fifth time,? said Ferrari. ‘We can’t be sitting and sitting and sitting. We’ve got a group of firefighters and administrative personnel that don’t know what they’re doing Jan. 1.?
‘The longer we delay it, the more problems we have. I think we’ve got to be proactive,? the treasurer said.