Hardin County Judge Wayne McDaniel recently reached out to the community in hopes of correcting what he said is misinformation being spread concerning how the county’s eight emergency services districts (ESDs) are governed, how ESD commissioners are appointed and the relationship between ESDs and county.
“There are folks who have been putting out false statements about the Hardin County Commissioners Court needing to step in to correct alleged or perceived issues within emergency services districts (ESDs). We do not have that authority,” stated McDaniel regarding the Hardin County ESD No. 2 (Lumberton Fire & EMS). “ESD No. 2 is one of them and is the primary one that the statement has been made about – but it is not the only one.”
Oct. 3, Hardin County ESD No. 2 commissioners voted 3-2 against renewing the contract of Lumberton Fire and EMS Fire Chief Jeff McNeel, who served for nine years. Later the board selected Shane A. Thomas as interim fire chief.
McDaniel said misleading statements have been made by current and former Fire/EMS personnel, as well as some current and former ESD board members, and he hopes to clear up the confusion with facts. Firstly, he noted the ESDs are governed by a five-member Board of Commissioners appointed by the Hardin County Commissioners Court.
“An ESD is a political subdivision of the State of Texas with taxing authority,” he explained. “They operate independently from other governments, including the county government. At one time, I had allowed some to convince me that I and the county commissioners had oversight authority over the ESDs. However, once we began looking into some reported issues with one of the ESDs, their attorney quickly informed me that we had no authority whatsoever over any ESD. This same attorney represents most of the ESDs in Hardin County, including ESD No. 2 (Lumberton Fire & EMS).”
McDaniel stated County Attorney Matt Minick agreed with his statement.
McDaniel stated that, in the past, if an ESD commissioner stepped down or did not want to be reappointed, the ESD board would present the name of a person to fill the vacancy. The commissioners court would appoint that person.
“It worked fine for the most part, until it didn’t,” McDaniel asserted. “In an effort to improve upon that process, we began accepting nominations each year at appointment time and to fill any vacancies that occurred during the term.
“We have done this through a transparent public process. A person wishing to serve as an ESD commissioner can nominate themselves.”
According to McDaniel, two county commissioners review nomination forms submitted for each of the ESDs, vet the nominees and then decide who to put forth to the commissioners court each time a position is to be filled or reappointed.
“They spend a lot of time and energy to ensure the right person for the job is selected, making every effort to appoint a person who not only meets the basic requirements, but also has knowledge of business practices, budgeting, has time for the duties, and can pass a background check, among other things,” McDaniel said, and added that he believes the commissioners court has taken great strides to ensure each of the eight ESDs are governed by the best people for the job out of those who want the job.
“If we can do anything to improve upon this process of appointing ESD commissioners, I am open to suggestions,” he stated. “I apologize that a few of our ESDs are going through some difficult times, but I believe they will get better in time, and I have no doubt their hearts are in the right place.”
Pursuant to Chapter 775 of the Health and Safety Code, Hardin County does not qualify for ESD commissioners to be elected. Only three counties in the state of Texas have ESD commissioners that are elected: Orange, Harris and Smith. McDaniel also noted the commissioners court has the authority to remove an ESD commissioner for incompetency, misconduct and official misconduct.
“We have not received any claims, officially or unofficially, that any ESD commissioner has committed any of the above,” stated McDaniel.
“Each ESD commissioner knows that we are here for them if they need us, but we are not going to actively meddle in their business,” McDaniel went on to say. “We have appointed very knowledgeable and capable ESD commissioners in all eight emergency services districts. Some are having issues, but we have full confidence that they will work through them.”