LOUISVILLE, Ky. — As first responding agencies rapidly change in southern Indiana, a fire district with renewed vigor says New Chapel EMS is selling assets that should belong to them and the public.
The Utica Township Fire Protection District Board of Fire Trustees filed a lawsuit against New Chapel EMS's two official business names last week. On Thursday, a newly appointed judge issued a temporary restraining order as requested by the fire district. New Chapel is not allowed to sell assets mentioned in the lawsuit until the parties can meet before a judge.
"The public purpose for those units, those vehicles, are to provide fire protection or emergency services to the township of Utica and Clark County," Joe Jarles said, president of the fire board.
The fire board already took control of three fire trucks that were housed at New Chapel's headquarters on Utica Pike in early August. Both sides agreed the fire district owned those and there were no arguments.
Now, Jarles says they should be entitled to a lot more. His argument is that over 10 years ago, the fire board he now sits on provided "seed money" to the Utica Township Volunteer Firefighters Association, the official name for New Chapel, to help them begin ambulance service.
He said because New Chapel EMS is a nonprofit with a stated goal to "protect the public and provide fire protection" they cannot sell these assets and privately profit.
"We don't understand what the need is to suddenly sell assets that serve the public purpose. And assets that were funded initially by the district," Jarles said.
The fire district compiled a list of assets New Chapel is trying to sell in its lawsuit; including two Chevy SUVs (with asking prices of $47,500 and $60,000), two sprinter van style ambulances, various kitchen appliances, ladders and air pumps. Jarles said they would like to give that property to the Jeffersonville Fire Department if or when they take over the building.
New Chapel EMS believes it has returned everything that's rightfully-owned by the district, and if there's anything in question, a lawsuit's not necessary to retrieve it.
"We think it's unfortunate that the relationship has gotten to this point and that this board of trustees has made the decision to go and spend taxpayer money on all of this (attorney fees) that could have been avoided," New Chapel EMS spokesperson S. Coy Travis said.
Travis also said everything they're selling on GovDeals or otherwise liquidating was bought with ambulance billing fees or other revenue instead of local taxpayer funds.
"We created this entity through the laws of the state of Indiana, we are entitled to own property under the laws of the state of Indiana and we're entitled to dispose of that property as allowed by law," he said.
New Chapel has objected to the temporary restraining order and has requested a change of judge away from Judge Roger Duvall. Judge Duvall was appointed in June to preside over Attorney General Todd Rokita's lawsuits against Jamey Noel, his family and his associates. Duvall hinted at an unfavorable ruling to New Chapel in those cases on Monday.
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