Dalton to exit East Wayne Fire District, begins work to start own department

DALTON − The village is slated to leave the East Wayne Joint Fire District, effectively dissolving the district. It's the latest in a string of participating communities to leave the fire district since its founding in 2014.

Dalton Village Council approved an emergency resolution in a 4-1 vote at a special meeting on Dec. 27 to withdraw from the EWFD effective June 30.

Councilman Blake Nussbaum voted to remain in the district, citing concerns and questions regarding the withdrawal but gave support for the village to form its own fire department.

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"I would support what's best for Dalton, but I just don't know enough to make that decision," Nussbaum said after the meeting.

He also voted against passing the item as an emergency measure without three readings. Councilman Steve Rabatin was not present for either vote.

This will end the nine-year partnership, leaving the village of Marshallville as the last member. According to the Ohio Revised Code, a fire district is dissolved when one member remains.

The East Wayne Fire District did not respond to email requests for comment.

Why Dalton voted to leave the fire district this year

East Wayne Fire responded to a fire at the MARS Horsecare facility last June during which area residents were asked to shelter in place.
East Wayne Fire responded to a fire at the MARS Horsecare facility last June during which area residents were asked to shelter in place.

When the council convened on Dec. 27 it had two options: decide to leave the district that evening or push that decision off until 2023.

Because council voted to leave that evening, the village can formally leave any time in 2023, according to Tonya Rogers, outside legal counsel hired by the village.

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Despite the village's decision to leave on June 30, it will continue to fund the district through the end of the year, Rogers said at the meeting, but the EWFD will reimburse Dalton for those funds in an amount determined by the Wayne County auditor.

If council had voted to leave the fire district in 2023, the earliest Dalton could have withdraw was Jan. 1, 2024, she explained. The village would also not be reimbursed for its funding from 2023.

Councilman Nussbaum: 'We're very happy with the service, so why are we leaving?'

Nussbaum said he went into the Dec. 27 meeting with questions. When the meeting adjourned, he had few answers.

Because he didn't fully understand how leaving the district would impact Dalton, he voted against the emergency resolution.

"It is our fiduciary responsibility to understand the financial consequences this will have on the village," Nussbaum said. "How will we fund an independent fire department? Where will that money come from?"

Aside from recent administrative issues, Nussbaum said, fire and EMS services from EWFD were reliable.

"We're very happy with the service, so why are we leaving?" Nussbaum asked.

A history of dysfunction?

For Patrick Sword, the village council president, those administrative issues are not recent. In the nine years since the fire district's founding, Sword said, the Board of Trustees has been "dysfunctional."

Two Dalton representatives are no longer on the board, he said.

"The at-large resident representative left for health reasons in December," Sword said. "The board's Village Council rep., James Bucklew, left in late December because of that dysfunction."

Sword is representing the village on the fire board in the interim.

Recently, the Board of Trustees approved an advertisement in local newspapers for architecture bids. Sword said Dalton trustees never saw the language of that decision. He doesn't know if a loan or a grant will pay for the bid.

At the special Dec. 27 Dalton council meeting, Sword said the fire district's dysfunction goes back years, citing investigations and a lack of communication with its participating municipalities.

Sword said there's a lack of transparency and little communication by the Fire District with Dalton representatives.

Aside from dysfunction, he said, the fire district is no longer a good deal for the village as Dalton pays over 80% into the district compared to Marshallville's 19%.

"It's an upside-down deal that can't go on," Sword said.

Committed to serving their communities

Two days after Dalton council voted to leave the fire district, East Wayne Fire Command Staff released a statement on Facebook, reaffirming their commitment to providing quality service.

"The East Wayne Fire Department and it’s members would like to reassure our community and surrounding mutual aid agencies that we remain committed to providing the highest quality of service possible," the statement reads.

The statement does not specifically cite Dalton's decision to leave, but it refers to the fire district's impending dissolution.

"When the time comes, we will do everything within our power to make this transition as seamless as possible in order to assure our communities have the Emergency Services they rely on," according to the statement.

What is to come?

At the Dec. 27 meeting, Rogers told the village of Dalton to prepare for a possible legal battle following its departure. Lawsuits and such legal scrums followed both Sugar Creek and Baughman townships' departures.

Baughman Township is still in two lawsuits, one with the Wayne County Auditor and another with the district.

Sword said a legal fight will likely ensue based on the EWFD history.

As the village prepares for a possible battle in the courts, Sword said, the Dalton mayor is already laying the groundwork for an independent Dalton fire department.

If that fails or is delayed, he said, the North Lawrence and Kidron Fire departments pledged to help.

"They are our contingency plan, and we truly appreciate them for their aid," Sword said.

This article originally appeared on The Daily Record: Dalton to leave East Wayne Fire District and start its own department