After years of constant bickering, political posturing and legal wrangling, it appears the Oxford Public Fire and EMS Commission’s days could finally be numbered.
Oakland County Circuit Court Judge Wendy Potts issued an order Monday that basically sets up the process by which OPFEC’s assets will be divided between the township and village should she order the safety authority’s dissolution.
Binding arbitration will be used to divy up the fire department’s assets in the event of dissolution.
Should the judge rule against dissolution, OPFEC would continue to exist indefinitely.
OPFEC is the 12-member governing body for the Oxford Fire Dept., which consists of all seven township board members and all five village council members. It was created in 1999 as the successor to the controversial and embattled Oxford Emergency Safety Authority.
The township filed a lawsuit in circuit court against the village and OPFEC in July 2003 seeking to withdraw its membership and interest in the safety authority thereby dissolving it.
The township maintains that its withdrawal from OPFEC should automatically consitute dissolution of the safety authority, primarily because there are only two member entities.
The village has maintained it wishes to see OPFEC continue governing the fire department, albeit with some modifications to authority. The village has also maintained that because the state law under which OPFEC was created makes no provision for the safety authority’s dissolution, the township’s withdrawal cannot automatically bring it about.
Under Potts? Feb. 7 order ? which must be approved by both the township board and village council ? both sides agree to waive their right to appeal the judge’s ruling on the issue of whether or not OPFEC can be dissolved, a decision which is expected within the month.
This waiver basically ends the nearly two-year legal battle by preventing either side from dragging the matter on indefinitely through appeals. The judge’s ruling, dissolution or no dissolution, will be final.
Following a closed session last night, the village council voted unanimously to approve Monday’s court order.
‘I thought it was a reasonable compromise for all parties,? said Councilman Steve Allen, prior to the vote. ‘If you remember, I was always in favor of binding arbitration from the start.?
‘It’s not what I really wanted,? said village President Renee Donovan, following the vote. ‘I think that OPFEC can function, but obviously both parties don’t want it to. So I would like the judge to make the decision and we’ll go from there.?
If the ruling is in favor of dissolution, Donovan said binding arbitration is ‘the best way? to settle it.
As for how the township will vote on the order at tonight’s meeting, Supervisor Bill Dunn said although he can’t speak for the entire board, ‘I’d bet the farm it’s going to be approved.?
‘This is either going to end things for good or join us (township and village) at the hip,? Dunn said.
Township attorney Gary Rentrop admitted both sides are ‘taking a gamble? by agreeing not to appeal, but said the risk is outweighed by the strong possibility of a favorable outcome, which in the township’s case would mean the judge ordering OPFEC’s dissolution.
Rentrop said Monday’s order is ‘a real step forward? in that it sets up a defined structure for bringing this whole matter to a conclusion.
If OPFEC’s dissolution is ordered by Judge Potts, Monday’s order states the matter will be referred to binding arbitration to be handled by Arbitrator William Hampton.
It will be Hampton’s job to decide what OPFEC assets are to be divided and how that division is to take place between the township and village, according to Monday’s court order.
Although the issue of who would oversee the fire department should OPFEC be dissolved has not been resolved, because the township owns the ‘majority? of fire assets, Rentrop said it would be appropriate for the township to retain governing control of the department and continue to provide service to the village.
In that event, Rentrop said some sort of lease or purchase agreement would probably have to be worked out with the village for their share of the fire assets.
As for the possibility of formulating a combined fire operating and Advanced Life Support millage proposal for the May 3 ballot (see page 5), Monday’s order gives OPFEC one more chance to do this by Feb. 16.
If OPFEC fails to come up with a millage proposal, the order allows the township board to place a fire operating/ALS millage on the May 3 ballot that could be levied over the unincorporated and incorporated (village) portions of the township.
If the township and village can’t agree on how the millage levy, if approved, would be allocated between them, then Hampton will decide the issue as part of the arbitration process, according to the Feb. 7 court order.
‘My understanding is (the millage allocation by the arbitrator) would be based upon what direction the village chose to take as far as fire service,? Donovan noted.
The township board will discuss placing a fire operating and ALS millage proposal on the ballot at tonight’s meetings.