Like the Warsaw Common Council before it, the Board of Public Works and Safety approved a resolution Friday rejecting the establishment of a merit system for the Warsaw-Wayne Fire Territory.
The Board of Works taking action on such a resolution is a newer development as when the Common Council approved their resolution rejecting a merit board system for the fire department in early September, there was no indication that the Board of Works would be asked to consider one, too.
City attorney Scott Reust explained to the board that the Indiana House of Representatives passed HR 1016 in May 2023, which said there will be a fire merit board created on Jan. 1, 2025, for fire departments, unless both the legislative or governing body voted by resolution to not have a merit board, and also the firefighters voted to not have a merit board.
“So, if you recall, back at the time when this first came up with the city council, the fire department wanted more information and asked that you delay the vote a bit at that time so that they could hear from the fire union, from some people higher up in the state of Indiana fire union,” Reust said.
Two meetings took place in mid October for the firefighters to receive more information from the union to help them determine whether they wanted a merit board or not. If the firefighters approve to have a merit board, it will take place regardless of any city board’s vote.
“But along that process, I, as the attorney, and in talking to outside legal counsel about this, who manage several other fire departments, I think this statute is unclear exactly who it is at the legislative body or the governing board, who necessarily has to vote to not have a merit board,” Reust said. “So out of an abundance of caution, we had the city vote and the city council voted to not have a merit board, so that the firemen could vote for themselves whether they wanted to have a merit board.”
Reust said he thinks probably more properly, under the definitions of the statute of a governing board, that the Board of Public Works and Safety is the governing board for the Warsaw-Wayne Township Fire Territory pursuant to the terms of the interlocal agreement. He said the Board of Works makes decisions if necessary on hiring, firings, promotions and those kind of things set forth in the statute of what creates a governing board.
There’s also the Warsaw-Wayne Fire Territory Board.
“And because this is an important thing, I’m making the recommendation that this be brought before the city council and the Board of Public Works and the Fire Territory board. Give all three groups the opportunity to decide whether they want to say yes to a resolution that would turn down a merit board system and allow the firemen to vote on whether or not they want a merit board system, to leave it in the firemen’s hands whether or not that’s what they want,” he said.
In meeting with Fire Chief Joel Shilling, Reust said Shilling would like for the merit board to be rejected by the Board of Works, as well as the fire territory. The fire territory meets at 4 p.m. Wednesday.
Mayor Jeff Grose said he thought it was good form that every board that’s included in the fire territory interlocal agreement established back in 2009 gets an opportunity to look at the resolution.
Warsaw Human Resource Director Denny Harlan said HR 1016 “flip-flopped” the entire process of merit boards. Prior to the law being signed, he said a department could vote to have a merit board but they didn’t have to. The new law forces the city to have a merit board unless they choose to decline it.
“It’s been very confusing,” he said, and they’ve been trying to get through it all. “So like the mayor said, just out of an abundance of caution, we’re going to make sure that everybody that has involvement with the fire territory has eyes on this thing and it gets done the proper way.”
If the city council, Board of Works and fire territory all reject a merit board, Harlan said a vote then will be scheduled with the 77 Fund members of the fire department and then they will have a secret ballot vote to decide on whether they want the merit board or not.
“The merit board essentially is going to be doing the same thing as this board does. They OK the hirings, discipline, promotions, things of that nature. So that’s what the merit board is for, is to cover those personnel actions within the department,” Harlan said.
The merit board would consist of five individuals, two of those voted on by members of the fire department. One would be appointed by the mayor, and the remaining two would be appointed by an undetermined board. Harlan said they still have to figure out which board that would be.
The board would make their own rules on how they want to conduct such things as hirings, promotions and discipline.
Reust said the appointments from the firemen and the board would have to be politically balanced - not two from the same party - as many other boards are.
Board of Works member Diane Quance, who already voted against the merit system as a member of the Warsaw Common Council, said whatever is decided this year isn’t a permanent decision. The merit board system can be brought up again in a year.
Chief Shilling told the Board of Works, “I just don’t feel that it meets the needs of our department. But, again, I would like to give the members of the fire territory the option as well. So I do support this resolution to reject the merit system just to give them the chance and opportunity to have their say, too.”
No other firefighters present, or members of the public, spoke on the resolution.
Quance made the motion to approve the resolution to reject the merit board system, Board member George Clemens seconded the motion and it passed 3-0.
In other fire department matters, the Board of Works approved:
• For the fire territory to apply for a $57,428 grant from the K21 Health Foundation to purchase a Deep Trekker PIVOT Underwater ROV (remotely operated vehicle), as requested by Dive Commander and Capt. Drew Shilling.
• Two leases between Fellowship Missions and Warsaw-Wayne Fire Territory CARES for two office spaces at The Gathering Place, 123 S. Buffalo Ave. The leases will be $400 a month each for 12 months.
• For CARES Coordinator Mikaela Bixler to apply for a $2,472.50 K21 Health Foundation grant for the purchase of training books from the QPR (Question Persuade Refer) Institute. CARES offers QPR trainings, which is suicide prevention training. The books are required to be handed out when CARES does the QPR training.
• The new hire and change in payroll report, as presented by Harlan. The report includes Jaxson Hastings moving from part-time firefighter to probationary full-time firefighter at $2,283.23 biweekly; and Eldon Long as a new mechanic at the street department at $24.50 per hour.