Tensions Blaze Over Abrupt Removal of Richland Fire Chief

RICHLAND – Back in April, the Iowa State Auditor’s office released an in-depth report detailing problems with the City of Richland. Of special concern was a lack of a formal written agreement between the city and the fire department establishing the duties of the fire department or clarifying who has authority over the department. At a special city council meeting on May 16, members of the Richland City Council questioned Fire Chief Mitch Ehrenfelt about his duties and responsibilities under Richland City Ordinances. Ehrenfelt responded that he and the rest of the volunteer fire department work for the Richland Township, not the City of Richland. After lengthy discussion over this, the council decided to table the discussion and continue it at a future meeting when more information was available.

During the June 12 meeting of the Richland City Council, Councilwoman Alisa Tolle moved to accept the resignation of Chief Ehrenfelt. This came as a shock to Ehrenfelt, who had not intended to resign. “We all looked at each other and we’re like ‘Where in the hell did that come from?’” Ehrenfelt said in an interview after the meeting. “There was nothing in that that ever went in that direction. We were all kinda dumbfounded.”

According to Tolle, Ehrenfelt’s statement that he did not work for the city counted as a resignation. Councilman Michael Hadley was confused by this and asked for clarification. “When he said he does not work for the City Council and he does not answer to the little black book we deal with, that to me is him stating that it doesn’t matter what we require or what we ask. It’s not gonna get done...That’s fine, I’m just saying it doesn’t work for what we currently have in our laws,” said Tolle.

Hadley accused Tolle of putting words in Ehrenfelt’s mouth. Tolle took umbrage with this. “I am not putting words in his mouth,” said Tolle. “When you have an employee who says ‘I’m not going to listen to you,’ do you keep your employee?”

During an interview after the meeting, Tolle was asked if this meant she was firing Ehrenfelt. “It was an acceptance to his removal,” Tolle said. “Because he was not going to follow the ordinances that we have to follow as a city council.”

Ehrenfelt has worked for the Richland Fire Department for 19 years, the last 12 of which have been spent as chief. According to Ehrenfelt, the fire department was established decades ago by the Richland Township Trustees, who manage things outside of city limits. For decades, the fire department has been run by handshake agreements between the city and township to share services and costs. The land the fire station sits on is owned by the city. According to Ehrenfelt, the station was built by the township, although a 1989 newspaper provided by long-term Richland Mayor Tom Hoekstra stated the initial $7,000 for the station was given by the city. The city also pays for the building’s utilities. The insurance and workman’s compensation are paid by the City of Richland. However, most of the vehicles and equipment are paid for by the township. The fire department’s fuel, services, repairs, smaller equipment purchases and day to day expenditures are paid for by a 501c3 operated by Richland Fire Department Inc. 

As far as the township and the firefighters are concerned, the township has ultimate control over the department. Mayor Hoekstra and several members of the city council disagree, believing the fire department is owned by the city and thus controlled by city ordinances. “The City of Richland is the fire department. Plain and simple,” said Hoekstra during a later interview.

In a later interview, Tolle stated that, because the fire department is funded by the city and exists in city limits, it is subject to control from the city. Tolle stated that the city budgets $25,000 for the fire department each year, although most of this money isn’t used. Hadley was later asked about this figure and referred to it as incredibly untrue, saying the city gives, at most, $10,000 to the department yearly. Tolle stated the city would pay other firefighting bills if turned in, but bills have not been turned in to the city. Regarding the ownership of the department’s equipment, Tolle feels that much of it is owned by the city, as the department acquired grants for the equipment using the city’s tax number. “I like to keep things simple, but if it isn’t broke don’t fix it...The department falls under the city’s guidance. It’s the city’s department. The mayor is the overall boss, so to speak, of whoever the fire chief is,” Tolle said.

“I don’t know that anybody owns the fire department,” said Hadley in an interview after the meeting. “Historically, the fire department has been a joint entity…The city and the trustees, all the trustees, basically as a group work together to have a fire department. Both taking different responsibilities for different things, because the trustees could have a fire department on their own, but the city doesn’t have the financial resources to do that. I don’t think so, anyway. It’d be a real big burden on the city’s budget if they had their own fire department.”

Micheal Hadley worked for the fire department for 17 years. His father was the department’s chief for close to forty. During the meeting, he frequently argued with Tolle over the decision to remove Ehrenfelt. “It’s really difficult, for me, to believe there’s not some ill intent at some level…It seems there is ill intent in the respect that there’s been multiple situations, multiple issues, where you are constantly at some kind of odds with the fire department,” said Hadley during the meeting. Tolle denied any ill-intent, stating that she was solely trying to get the city back on board with ordinances.

Throughout the meeting, Hadley argued that, rather than remove Ehrenfelt to help the fire department meet city ordinances, the city should change their ordinances to match how the firefighters believe things are run. Tolle opposed changing ordinances at this time. “Why change an ordinance that no one is really following at the moment? We’re getting back to ground zero again to get this working properly for the City of Richland,” she said.

Hadley pointed out that the city ordinances regarding the fire department had been changed heavily in 2018, which he feels was to give the Mayor control over the department. Hoekstra took issue with this framing, stating that the ordinances do not give him control over the department and simply give him the power to appoint a fire chief with approval of the council. In a later interview, he stated that the ordinances were changed to consolidate two different sets of books.

Councilman Hadley continued arguing to change ordinances “I don’t see what the problem is with working with the fire department to try and get this sorted through and set up as easy as possible,” said Hadley during the meeting. Tolle argued that they can change the ordinances once they have replaced the chief.

“I’m taking it as a verbal resignation,” said Tolle. “I accept. I’ll be the bad guy”

“I think you’re the bad guy, but for other reasons, not because of your accepting of a resignation that isn’t a resignation,” replied Hadley.

Currently, the township has 28E Agreements to provide fire service for the Clay, Dutch Creek, and Blackhawk Townships. The city does not have written agreements with any township. “It just seems weird to me that they’ve been able to go work with every other organization that they need to work with, and it’s been streamlined and flawless, until it comes into this building every time,” said Hadley during the meeting. “And they fight it tooth and nail. And they still show up, with attitudes like this and things being said about them and people calling them and chewing their ass for doing fundraisers and bringing money...And then you turn around and do this. It’s dishonest. At best, it’s dishonest. That’s terrible.”

A point of contention between the department and the city is over the department’s insurance provider, Iowa Municipal Workman’s Compensation Association (IMWCA), which mandates firefighters take physicals every five years. Ehrenfelt feels these physicals, which he says cost almost $5,000 a year, are too costly, and that the money spent on them could be put towards equipment and training. “The way the city says it, it’s mandatory mandatory mandatory. Well, look at everybody else. Nobody else is doing this. Why are we the only ones?” said Ehrenfelt after the meeting.

According to Ehrenfelt, no other department in the area uses IMWCA. Ehrenfelt feels the city should shop around for cheaper insurance. Arguments over physicals briefly led to Ehrenfelt being removed from his chief position by the city in 2018, although the decision to remove him was later rescinded.

“Explain to me how all of these cities in Iowa, not all of them but many, a vast majority of the cities in Iowa are associated with Iowa Municipal Workman’s Comp,” said Hoekstra in a later interview. “The insurance company was in place long before I came in here. I think you could go around and most cities that are involved with Iowa Municipal Workman’s Comp have nothing bad to say about it. The insurance company isn’t the villain here. The insurance company is here to protect the city.”

During the meeting, Mayor Hoekstra and city attorney Misty White argued that the fire department must be owned by the city, because a 501c3 cannot provide fire protection, according to Iowa code. Ehrenfelt argued that the fire protection is not offered by the nonprofit, but by the Richland Township. Tolle argued that townships cannot provide fire protection either. White argued that the 28E Agreements with other townships were not valid.

If the city truly owns the fire department, then because it does not have 28E Agreements with other townships, injuries to firefighters outside of Richland will not be covered by insurance. The city will also be liable if anything goes wrong outside of city limits. In a later interview, Hoekstra explained this could be devastating for Richland, costing the city millions, lowering property values, and forcing the city to raise taxes through the roof. According to Hoekstra, he has tried repeatedly to obtain 28E Agreements with other townships, but the Richland Township has interfered.

“The good old boy thing and the handshakes and all that don’t work anymore,” said Hoekstra. He explained that most communities pay for fire protection via a fire fund, with townships giving the city money for fire coverage, and the city using that money to pay for fire expenses. At the moment, the Clay, Dutch Creek, and Blackhawk townships instead give tax dollars to the Richland Township, not the City of Richland. According to Hoekstra, the fire department cannot function properly with two different checkbooks. He would like to create a fire fund and set up an advisory board, on which the different townships will have seats. Under Hoekstra’s vision, the city will have ultimate authority over the fire department.

“You have to get fire protection from somewhere. So the money comes here,” said Hoekstra. “You have a seat on the advisory board, but the advisory board does not determine what the city's insurance carrier is. The advisory board does not determine what the cost of water is. The advisory board doesn’t tell the city of Richland ‘You’re going to build us a new fire station.’ If you want to go independent and go on your own, collaborate with the townships and build something on your own, you have every right to do that…Nobody’s holding a gun to anybody’s head here.”

“The conclusion of this disagreement, this bickering, I’m saying is the logical solution to this, and I’m saying this to anybody that lives in the Richland fire districts, prove me wrong,” said Hoekstra. “You bring your money in here. Run this for a trial basis of a year. If it doesn’t work, withdraw. But if you withdraw your money, you withdraw your protection.”

Later in the interview, Hoekstra was asked if he agreed with the removal of Ehrenfelt. “If the fire chief is not going to be compliant to numerous responsibilities in the outline of the city ordinances, then yes, there has to be another fire chief,” he replied.

Mitch Ehrenfelt attended the June meeting, although he claims he was not invited by the city council. Councilman David Balster asked him if he follows city ordinances specifically. Ehrenfelt replied that he mostly follows ordinances and wants to work with other communities. “If you’re going to be the fire chief solely of Richland, shouldn’t you focus on Richland and do what it says in the ordinances, instead of focussing on another area?” asked Balster. “Are you going to be loyal to Richland?..Is the first responsibility for the fire chief Richland, or elsewhere?”

“It’s to anyone who needs help,” said Ehrenfelt “If you’re outside city limits, are you less important because you’re on one side or the other?”

“Your first responsibility is for Richland,” said Balster.

Ehrenfelt expanded on this at a later meeting. “Dave asked, ‘Are you the Richland fire chief?’ I said, ‘Well, I’m the fire chief for everything we cover.’ We cover 140 square miles, roughly. Dave says ‘No, you’re the City of Richland fire chief or you’re nothing. The city comes first.’ I’m like, ‘That’s not how this works. Everybody that pays taxes to get fire protection gets equal coverage. Nobody’s better than somebody else depending on where you live. Don’t matter the nature of the call, we’re going to come help and do whatever we can.’ That wasn’t good enough for him.”

When asked if there had been any problems with the department being spread too thin to take care of Richland, Ehrenfelt replied “Absolutely not. We have one of the best fire departments you can find. There’s nobody around us that has a roster as full as ours, as well trained, as good equipment as the trustees have provided us with. Nobody.”

Another point of contention between the firefighters and the city is over the fire station, which the firefighters feel is cramped and falling apart. The firefighters have purchased land to build a new fire station, but Councilwoman Tolle has sworn to deny them a building permit, instead arguing that the department should expand the current station. “Why am I going to reinvent the wheel? We currently have a fire station on the square...Why would you throw away a completely good building?” said Tolle in a later interview. She then was informed that the firefighters believe it is falling apart. “It is not falling apart. That’s the first I’ve heard of it. We’re supposed to be in charge, we’re supposed to be taking care of it, but they do not tell us. They don’t tell us anything...So how can we fix something we do not know is broken?”

The topic of the fire station was also brought up during the June 12 meeting, by Mayor Hoekstra. “There’s other things at play here, gentlemen,” said Hoekstra to the firefighters. “We have a building down here, beside your fire station that you claim is too small. And $200 per square foot to erect a new fire station is pretty costly. The City of Richland doesn’t need to tear a building down and then have another empty building on the square.”

The firefighters attending the meeting requested the city host a large meeting to sort things out. They then accused Hoekstra of not doing this because he wants to prevent the township from hearing the vision of the firefighters, instead only letting them hear his vision. “No, I want the City of Richland to be fairly represented once and for all in this,” Hoekstra said angrily. The firefighters replied that they also want representation. “You’ve had it! Meeting after meeting after meeting! You have it all the time! You’re in here talking again tonight!” shouted the Mayor.

Hoekstra then explain had met with several trustees, without the firefighters, to give them the city’s position, not the firefighter’s position. “I respect the hell out of what you do. Believe it or not, I do,” said Hoekstra. “But what I’m saying is the behavior of this thing has gone clear off the rails here. And you’re partially at fault for it.”

“What we’ve asked for, and what was supposed to be the ending of the last one, was we would all get together,” said fire captain Jerry Gorman. “Trustees, City of Richland, officers of the fire department, would get together and we would have a good discussion about this. But you’re sitting here yelling at us, Tom, that we’re being disorderly. We’re getting broadsided here.”

“Every time someone objects to what you say, you get sideways,” replied Hoekstra. “The city attorney has made it very clear and the auditor has been very clear about this. We cannot sign a 28E agreement with your fraternal organization for fire protection because we will lose our immunity.”

Hadley motioned to table until the city could have a meeting to sort through things. But, Tolle’s original motion from one hour still had not been voted on, preventing Hadley’s motion to pause talk on the removal of Ehrenfelt from being discussed until after the council had already voted on removing Ehrenfelt. Alissa Tolle, Kathy Brower, and David Balster all voted to remove Ehrenfelt. Micheal Hadley and Brei Beam voted against removal. Hadley described the vote as ridiculous.

During a later interview, Hadley stated his belief that Balster, Brower, and Tolle secretly met prior to the meeting and decided in advance to get rid of Ehrenfelt, something that goes against Open Meeting rules. According to Hadley, the three councilmen carried out an illegal “witch-hunt” against Ehrenfelt.

As far as Ehrenfelt is concerned, he is still chief. If the fire department is controlled by the township, as Ehrenfelt and the trustees believe, then the city does not have any legal right to remove him. He intends to continue working as fire chief, regardless of what the city says. He claimed that he is fire chief because he was unanimously voted chief by the other volunteers, not because he was appointed by the mayor. He feels one of the main causes of this issue is the fact that, while there are firefighters who have worked for the department for decades, the current city council members have only served for a couple of years. According to him, they do not understand how the fire department is run.

When Councilwoman Tolle was asked what would happen if Ehrenfelt refused to stop being chief, she stated that “My belief is a letter is sent out that he is removed from the position and all his personal belongings are taken out. Anything from the fire department is given back and he is removed. He is no longer a volunteer.” She was then asked if firing a popular chief could have a negative effect on the morale of the other firefighters and lead others to leave with Ehrenfelt. “It very well may,” said Tolle.

Mayor Hoekstra maintains that the city is in charge of the fire department. “Two former city attorneys, the current city attorney, and the auditor all came to the conclusion that the city is in power, as far as the fire department is concerned,” he said during the interview.

It is likely that this issue will be discussed more at the next Richland Township Trustees meeting, held at the Richland Fire Station on July 5 at 6 p.m., and at the next city council meeting, held at Richland City Hall on July 10 at 7 p.m.