ESD #5 under fire

FERRIS – The monthly scheduled meeting of Emergency Service District ^#5 was canceled Monday night after failure to properly post the meeting agenda.

Ellis County Press Publisher Charles D. Hatfield Jr. warned the board if they continued with the meeting, it would be an illegal meeting, and a complaint would be filed with the attorney general for violating the Texas Open Meetings law

Hatfield had asked for the agenda earlier Monday and was told it was posted on the door of ESD ^#5 Station. It was also reportedly posted on the county and city bulletin boards.

The notice of the meeting was not present at either location or the county courthouse, according to the sheriff’s department. 

Texas law requires each ESD board to meet at least once each month and an ESD should, by resolution, designate a regular time and location for each meeting.

The requirements state the board president is also responsible for compliance with all open meetings regulations. 

This includes the board’s proper distribution of the agenda, which includes: posting the agenda at least 72 hours prior to the meeting at a location available to the public at all times; delivering a copy of the agenda to the county clerk for posting at the courthouse; and posting the agenda at public locations within the ESD.

Also issuing a copy of the agenda to local governmental entities within the ESD and area media, including newspapers and radio, and television stations. The last three are not required but may be done as a public service.

On March 5, the City of Ferris requested a review of ESD books dating back to 2016 through open records, and has yet to receive any of the requested documents.  

A complaint was then submitted to the Texas Attorney General.

On May 22, the AG’s office sent a letter to Dallas Dial, secretary of ESD ^#5 of the complaint filed by Ferris City Manager Brooks Williams.

ESD ^#5 was given 10 business days to furnish the City of Ferris with the requested documents.

These special districts were originally set up to allow unincorporated areas to be taxed for emergency services. 

These funds could be used to provide emergency services or to contract emergency services to other local departments.

Regarding the request of ESD ^#5 financials, Ferris City Manager Brooks Williams said in a statement:

“The City of Ferris Fire Department is responsible for providing fire protection to those in and outside the corporate boundaries of the City of Ferris.

“Our relationship with the Ellis County Emergency Services District ^#5 (ESD) is long-standing, and we understand the purpose and design is to upgrade the ability of the City to provide fire fighting services to the District.

“The sole intent of the City of Ferris in seeking copies of the ESD budget, receipts and financial transactions (credit and debits), and the general ledger detail for ESD accounts and funds is to further understand the financial and operational strengths and opportunities of the Fire Department and service provided to both the City of Ferris and those in the District.

“City of Ferris residents pay city taxes – and in addition, $.03 per $100 of valuation to the ESD – and it is incumbent upon us to understand the impact of those tax dollars on/in our Fire Department, and to be accountable to the results those taxes do or do not create.”