On Thursday, September 10, Sue-Ellen Ferguson, a lawyer for Greenbelt, Berwyn Heights and College Park, was in the Appellate Court of Maryland in Annapolis to present the municipalities’ grievance over the removal of Prince George’s County Fire Department (PGFD) career firefighters (see the September 10 issue). The hearing had been delayed as Greenbelt hoped to see their career staff return in the spring, which might have remedied the case. Ahead of the hearing, City Manager Josué Salmerón had been measured and not overly optimistic about going up against the county’s lawyers. In the end, though, Greenbelt couldn’t have hoped for a better day in court, in which they were able to present their case without rebuttal when the county’s lawyers failed to appear.
The case was scheduled as one of several at 9 a.m. on September 10. When it was called at 10:25 a.m., the county’s team was not present and the judges called for a brief recess. Resuming hearings at 10:40 a.m. the judges moved Greenbelt’s case to the end of the docket as the court attempted to reach the county’s legal team. Shortly after 11 a.m. a court officer reported that the county had filed a substitution of counsel notice in December but nothing for this particular case. The court had called the county’s office but had been disconnected, court staff reported. Ferguson noted that the county had been in talks with the municipalities earlier in the year, involving at least three attorneys, and all were aware of the continuance.
Noting there had been no substitution of counsel filed in this case, the Presiding Judge Rosalyn Tang called for the case to proceed.
“It’s regrettable when three municipalities feel the need to sue the county over providing vital services,” said Ferguson. The lawyer went on to note the municipalities were given only three weeks’ notice that the career firefighters would be pulled. The career firefighters had provided coverage so that the stations had 24/7 coverage for years, she said. The volunteers were usually unavailable during the day, when they had to be at work, and provided supplemental support in the evenings and weekends, explained Ferguson.
The county said the cities had gone from receiving special or extra services to the general service provided throughout the rest of the county, Ferguson said, summarizing past arguments. However, she argued, the services had not complied with the goals for coverage and it was the municipalities who had provided the “extra” or additional support. For example, Greenbelt’s firehouse is owned by the city and supported by public funds, she argued; Berwyn Heights’ equipment is [also] owned by the city and supported by public funds. “The municipalities have invested in equipment, firehouse, recruiting,” argued Ferguson. In addition, said Ferguson, the volunteers give their time to help reduce response times in the area. The county has handed off additional responsibilities to the municipalities and volunteers, she said. Since removing career firefighters from the area, response times have grown, said Ferguson, though that data was held by PGFD and not shared freely with the municipalities. When the county was struggling with staffing initially, they were filling gaps with overtime, which was expensive and exhausting, argued Ferguson, and so they “offloaded it.”
Judge James Kenney III noted that the removal of career staff from the area began as a summer staffing program. “It’s been years now and summer’s not over,” said the judge. Judge Stuart Berger similarly noted that the removal of career staff had been presented as temporary.
On the temporary nature of the change, Ferguson said, “The county made decisions based on something that was not true … the number of recruits was not there.”
The municipalities have not been damaged because they lost some special benefit, argued Ferguson, countering what the county has said in the past with, “what we said was going to happen has happened — response times have gone up.”
When asked what the municipalities would like the court to declare, Ferguson said they would like the county to recognize that the volunteers exist and should be worked with cooperatively. The municipalities are looking for a partnership, rather than governance by fiat, she said. No judgement or decision was reached that day.
Salmerón told the News Review the case is a “sad situation.” The county is struggling to sustain sufficient firefighters. Recruiting needs to improve, said Salmerón, noting the city over-recruits for their police department to ensure staffing and has waitlists. “If we can do it as a city our size the county should be able to,” he said.
Speaking after the hearing, Salmerón said they were excited that they finally had their day in court. Two years into the “temporary staffing plan,” Greenbelt still doesn’t have its career firefighters back and continues to suffer from longer response times, he said.
Town Manager for Berwyn Heights Kyle Snyder was also in court, although their firefighters have been returned. “While Berwyn Heights did see return of daywork staffing and were made whole, and we’re able to operate as 100 percent in-service station now, the need for Greenbelt to have 24/7 staffing is still there, I think call data shows that, and right now Berwyn Heights is working with other companies to come in and help the City of Greenbelt and cover it and we’re happy to do so,” said Snyder, who expressed thanks to the volunteers and career personnel who have been working hard to cover the municipalities during the heavy staffing shortfall. Snyder noted that the firefighters and resources in the municipalities are not only a local asset but a regional asset, responding to calls outside their home municipalities.
Salmerón says they now eagerly await a decision; he feels confident and hopes they prevail.
“What prevailing for us means is a partnership. We understand the challenges that the county is experiencing, the challenges that our volunteer firefighters are experiencing, so we are hoping for a partnership. We’re asking for a partnership to better serve our residents,” Salmerón told the News Review.
