Decision delayed in fire service legal fight

Ruling may occur in November in struggle between West I-10 department, EMS 48

A legal battle between two West Houston fire and emergency service entities continues after a final court ruling was delayed until November.

The West I-10 Volunteer Fire Department and Emergency Services District 48 have clashed over ownership of assets since July 2015. A longtime partnership between both departments ended in August when ESD 48 began providing its own emergency response instead of contracting the West I-10 department.

This month, state district Judge Elaine Palmer ordered a continuance of the case at the request of West I-10 and the district, which are awaiting separate litigation regarding ownership of several fire trucks that won’t conclude this month.

The West I-10 VFD “is a handful of people trying to make a mess,” said ESD 48 spokesperson Simon Vandyk, who once worked for that department. “They keep playing word games.”

The battle stems from disagreements and personal feuds that started in 2014. The district, which funded the primarily volunteer fire department, wanted to draw more experienced emergency ser-

vices personnel by hiring staff through its own payroll while allowing them to work through the fire department, Vandyk said.

West I-10 has been fighting for its existence ever since, believing that ESD 48 mismanaged the changes and that West I-10 owns all of the fire and emergency assets because it operated under a fee-for-service contract for ESD 48.

The few left in West I-10 VFD continue to fight because they believe they have been wronged, said Jose Ramirez, West I-10 captain and board president.

“We continue to believe that the vehicles are owned by West I-10 and were purchased with funds West I-10 earned by providing services to the ESD 48,” Ramirez said in an email.

As the legal fight has dragged, ESD 48 has established itself as a dependable emergency service unit while West I-10 has ceased to operate as the stations, vehicles and equipment it retained collect dust.

ESD 48 roughly extends south from Clay Road to the Fort Bend County line and east from Katy Fort Bend Road to as far as the Barker Dam.

In a temporary injunction in August 2015, ESD 48 received three stations, three fire trucks, three ambulances and three first-responder vehicles. West I-10 retained possession of two stations, six fire trucks, three ambulances and other emergency vehicles and equipment.

The district has since purchased three fire trucks and has had to replace most of its equipment, spending more than $3 million in tax-funded dollars doing so, according to Vandyk. It has also operated a temporary station but will open a new station on Morton Road in July.

The district’s crew has grown to about 190 members, of which approximately 40 are full-time fire and EMS personnel, 80 are part-time and 70 are volunteers. About 85 percent of West I-10’s crew transferred to work at ESD 48, Vandyk said.

ESD 48 said it has achieved an Insurance Service Office rating of “3,” which is the same rating that West I-10 operated under. ISO ratings affect property insurance premiums residents pay and are ranked from 1 to 10, with 1 being the best.

Meanwhile, West I-10 has halted operations and does not provide mutual aid for other local departments.

In April, Palmer ordered West I-10 VFD to release three of the fire trucks in its possession to ESD 48 after the district provided evidence that money from tax revenue was used to purchase them. West I-10 VFD filed an appeal to the order.

West I-10 VFD believes ESD 48 breached a threeyear contract signed in 2014 when it decided to take over emergency services. But ESD 48 personnel said the contract’s year-to-year existence was based on the district approving a budget for the volunteer department, which it stopped doing last year.

“The West I-10 board thought this whole thing was an attempt to get rid of their volunteers. They were convinced (ESD 48) wanted to destroy their program,” Vandyk said. “Not a single department has taken them up for mutual aid. Why? Because brothers know what’s going on behind the scene. For all of the drama, we are a better fire department and the community is better-served.”

West I-10 offered mutual aid to ESD 48 that the district did not accept, according to Ramirez. He said his department still plans to exist again.

“ESD 48, if you are so concerned about safety and the citizens, why would you not sign a mutual-aid agreement that would make all of our assets available to you? It doesn’t cost you anything,” Ramirez said. “Our goal is to continue our 36 plus years of exemplary service to the greater Katy area with the assets purchased with funds earned by West I-10 for the provision of fire suppression and emergency medical services to the residents of ESD 48.”

In the local elections on May 7, three incumbents on the ESD 48 board of commissioners easily defeated three opponents, striking another blow to West I-10 VFD personnel who had hoped for a change of leadership at the district. The victory also signaled approval from residents with the district’s emergency services.