Backgrounder: Referendum on Fire District Legal Battles
by Marilyn Eyster

This is a brief summary of legal events subsequent to the firing of three full-time firefighters by trustees of the Edgerton Fire Protection District. It is presented as background information for voters considering a Referendum that will appear on the Spring Election ballot, April 3, 2007.

The Edgerton Fire Protection District was formed on May 2, 1992, to provide fire protection to the member municipalities. The City of Edgerton, Town of Albion and Town of Fulton have protection for all properties within their municipal boundaries. Porter and Sumner have protection for the portions of their township boundaries that adjoin Edgerton.

Representation on the Board of Trustees consists of six regular members and six alternate members. The alternate members do not have a vote unless the regular member is absent. The number of representatives for each municipality is based on their population. At the time this entity was established in 1992, Albion, Fulton, Porter and Sumner each had one representative. Edgerton had two. There is provision in the original agreement for a change in the number of representatives as the population of the member municipalities changes. As of March, 2007, representation has remained the same.

The percentage of the budget that each municipality must pay is based on the Estimated Fair Market Value of the total Real Properties of those parts of the signatory municipalities within the Fire District divided by the total Estimated Fair Market Value of all Real Properties within the Fire District. This number changes yearly. For 2007, Town of Fulton will pay 38 % of the EFPD budget. City of Edgerton's portion is 33%.

For many years the district employed three full-time driver/dispatchers. In April of 2002, the Association of Firefighters Local #580 of IAFF sent a letter to the president of the fire district claiming a majority of its full-time firefighters and asking for voluntary recognition of the union. When the district refused to recognize the union, the union petitioned for an election.

Prior to the election Robert Hellendrung, the district's human resources director, met with the employees involved and read a statement saying that the Fire District was opposed to having a union. The election was held and the union was then certified as the exclusive bargaining representative on December 2, 2002.

On June 5, 2003, the three full-time employee positions were terminated by the district. In the interval between the union certification and the termination, the union and the representative of the district met once. The union presented to the district a list of bargaining topics and a detailed proposal for a contract. Among other things it proposed that the three full-time employees be grandfathered in as firefighters though they had not been certified as such. The district made no counter-proposal and no further meetings were held.

The decision on June 5, 2003, was to eliminate the full-time positions and have the work done by the volunteer firemen. The premise was that, because of a budget crunch, the choice was between the full-time positions or being able to purchase replacement equipment.

On June 23, 2003, the union filed a complaint with the Wisconsin Employment Relations Commission claiming that the district was refusing to bargain. The complaint alleged that the elimination of the three full-time positions was the result of anti-union bias, that the elimination of those positions was a mandatory subject of bargaining and that the failure of the district to bargain that subject was a violation of the duty of the district to bargain in good faith. A hearing was set before a WERC hearing examiner. Testimony was taken and the issues were briefed by the parties.

An underlying issue for some Town of Fulton citizens was the amount and quality of communication from the town's representative on the EFPD Board, Jim Linsley. Communication has always been in one direction. Mr. Linsley made major decisions in collaboration with other EFPD trustees and then reported after-the-fact to the Fulton Board. There was no effort to solicit opinions from taxpaying Fulton citizens before rebuffing the Union and firing the full-time firefighters

By contrast, in April, 2004, the Town of Albion held an advisory referendum regarding the eliminated fire district positions. The referendum asked voters if they believe the fire district should retain the positions. The 'yes' votes totaled 193 and the 'no' votes 105.

The WERC hearing examiner issued an opinion on July 20, 2004, that there was insufficient evidence of anti-union bias but that the decision to eliminate the three full-time positions was a mandatory subject of bargaining and that the failure of the district to bargain that subject was a breach of the district's duty to bargain in good faith.

The decision of the hearing examiner was appealed to the full commission by the district. On February 9, 2005, the commission reversed the decision of the hearing examiner, ruling that the decision to terminate the three full-time positions was, at least in part, motivated by anti-union bias. The commission ordered the re-instatement of the three employees and directed that the district bargain in good faith regarding any proposed lay-offs.

The district then appealed the decision to Rock County Circuit Court for judicial review with Judge James E. Welker. In February, 2006, Judge Welker upheld the finding of the commission. The district then appealed the decision to the Court of Appeals District 4 and briefs were filed in September of 2006. As yet no decision has come down on the case.

While awaiting this decision, some Fulton citizens have become alarmed about the growing financial byproducts of this case. The EFPD is required to put into escrow the wages and benefits that accrue to the employees while the litigation continues. To date, EFPD's legal fees have amounted to $138,521. The firefighters' wage and benefit escrow was $716,832 by the end of 2006. By the end of 2007, it will be $920,382. It is true that most of that escrow will be recovered if the EFPD wins its appeal. But if the EFPD loses this appeal, the opportunity for a reasonable compromise settlement with Local #580 will have been lost.

February 15, 2007 the Town of Fulton board voted to hold an advisory referendum at the April 3, 2007, election. The referendum question will read, "Should the Town Board direct the town's representative on the Edgerton Fire Protection District's Board of Trustees to dismiss the district's appeal in the pending lawsuit entitled 'Edgerton Fire Protection District v. Wisconsin Employment Relations Commission and International Association of Firefighters Local number 580 AFL-CIO?" The vote to include it on the ballot passed: Hull, Guisleman, Christianson-aye, Lund-abstained, Farrington-nay.