Ryan Brothers contract terminated; council rolls out plan for public safety referendum

By Kim McDarison

The Fort Atkinson City Council Tuesday voted against renewing a contract with Ryan Brothers Ambulance Service and voted in favor of initiating a public safety referendum, with those monies, would the voters approve the referendum, used to support additional employees and equipment at the fire department and additional officers for the police department.

Council passed both measures unanimously. 

Although initiating the referendum process was approved, the city remains early in the undertaking, City Manager Rebecca Houseman LeMire said, adding that a first step would involve hiring a referendum communication consultant to help develop the referendum ballot question and educate the public. An amount by which the levy, with voter approval, could increase has not yet been determined. 

During the meeting, several council members noted that ending the city’s contract with Ryan Brothers was not a reflection on the quality of services performed by the company but, instead, a consequence of the city’s need to find alternatives to develop its public safety program. 

Several said voting to terminate the contract was a difficult choice. 

Tuesday’s meeting was the first to use a hybrid system, with council returning to in-person meetings while some members of the public attended through Zoom. 

Comments from Ryan Brothers

During the public comments portion of the meeting, three representatives from Ryan Brothers appeared at the podium to address council. 

Erin Ryan, who described himself as a second-generation owner of the company, expressed frustration with council’s decision to consider the discontinuation of the ambulance company’s longterm contract with the city. 

He said his father and brother began the business nearly 60 years ago and the company has provided EMS services to Fort Atkinson since 2001. 

“That is 7,300 days – regardless of weather, pandemics, low reimbursement rates or personal family losses,” he said. 

Ryan credited his father with instilling in him a strong work ethic, saying: “If you promise something you do it, no matter how hard it is. You keep this promise regardless of a once-in-a-lifetime pandemic where people are dying, and I am asking people to go out on the frontlines and sacrifice their health and their families.  

“In discussions with the (fire) chief on EMS and ambulance services, he assured me that they would not be doing what they are today. I trusted his word and signed a MOU (memorandum of understanding) reflecting this in 2018.  We have worked continually with the chief to do what is best for the citizens of Fort (Atkinson),” Ryan said.  

He continued: “This last year has been the hardest of all 59 years in business … the pandemic’s impact on EMS has been told in countless national news stories, some closing or incurring significant budget shortfalls.  Ryan Brothers endured similar call volume losses while increasing expenses to pay for PPE (personal protective equipment) and other COVID-related expenses.  At the same time, we ethically knew we had promised our employees careers and a paycheck; we paid every full-time employee despite lower call volume, not because we were required to, because it was the right thing to do.” 

Ryan said he witnessed his employees placing themselves on the frontlines of the pandemic because they cared about the community they served.  

“Our employees made personal and family sacrifices and never asked for public recognition even though they deserved it,” Ryan said, adding that his company transported 730 COVID cases for the city in 2020.  

“Hopefully you can understand my disappointment when I was told late last week what the city was proposing to do tonight,” he said.    

“If we were not over-servicing our agreement or not an active part of the community for the past 20 years, I could understand today’s agenda. If we were overpriced and you could do this for a more economical fee for the citizens with the same level of service, I could understand today’s agenda,” he added. 

Two employees with the ambulance company — Cody Letson and Todd Overdahl — also expressed their disappointment with the process.

Public safety proposal

During the meeting, council received a presentation delivered jointly by Fort Atkinson Fire Chief Daryl Rausch and Fort Atkinson Police Chief Adrian Bump. Both chief’s outlined their need for more manpower and their ideas about providing public safety in the future. 

Proposed changes within the fire department

Aided by a slide presentation, Rausch called the city’s current level of public safety funding “insufficient to meet the growing service demands and needs of the city for fire and police services.” 

Using August as a “snapshot,” Rausch said the fire department responded to 59 calls for service, of which 26 were fire calls, 21 were rescue calls, 5 were EMS related and seven were calls for service that fell outside of the other three categories. 

Calls for service are increasing, Rausch said, adding that the department has four paid staff members and 41 paid-on-call volunteers upon whom the department relies for 911 emergency fire and as back up for EMS calls. While the department has many volunteers, he said, they are burning out. 

Looking at the trajectory of increasing calls for service, Rausch said, in 1974, the department responded to 124 calls for service. In 2020, that number had increased to 455. He projected that by the end of 2021, the department will have responded to 537 calls. 

Looking at calls annually between 1977 and 2020, Rausch produced a bar chart showing a nearly steady increase in calls since 1992, when calls were at a low of 151. From that point on, they have risen incrementally to the numbers being experienced today, he said.  

“Requests for fire, rescue and EMS services are growing 9-12% each year,” Rausch said. 

Looking at EMS services, Rausch said the city has been provided with emergency medical services by Ryan Brothers Ambulance Service since 2002. In 2021, the cost of the contract is $103,000. 

“The contract provides 1.3 ambulances per day in Fort Atkinson,” a slide in the presentation stated. 

Rausch offered a breakdown of department manpower, saying that of the department’s four full-time employees, one is the chief and three others are division chiefs. The paid-on-call volunteers have full-time employment elsewhere and respond to calls from their homes or places of employment. He noted a change in the department’s mission over the years bringing an increased need for medical-related services. 

“Much of what the department does on a regular basis is more than fire-related calls, Rausch said, adding that the department routinely assists Ryan Brothers with medically trained responders and provides third-tier response when EMS needs exceed Ryan Brothers’ capacity. 

Among the 41 paid-on-call volunteers, Rausch said, 17 are trained emergency medical technicians (EMTs), five are emergency medical responders (EMRs) who provide care to patients while waiting for EMTs to arrive, and three are paramedics. 

Volunteers have told Rausch, he said, that the stress related to the number of calls and the complexity and frequency of training have caused them to leave the department. The department faces continual turnover of between five and seven members each year. 

Rausch said area employers are supportive of the fire department, and want to allow their employees who serve as firefighters to leave to respond to calls, but changes in their staffing and the number of calls received make it difficult for them to let their employees leave. 

To help alleviate the stress and burnout, Rausch said, there is a need to provide the department with more career staff support. 

Looking more closely at the department’s relationship with Ryan Brothers, Rausch said the company dedicates one ambulance to Fort Atkinson. A second ambulance unit is available if it is not engaged in inter-facility transports in other communities. 

In 2017, Rausch said, a fundraising campaign allowed the fire department to purchase an ambulance. Before 2017, if the Ryan Brothers ambulances were busy, Fort Atkinson Fire Department rescue personnel provided on-scene care while an ambulance from another community responded. The wait could take up to 30 minutes, he said. 

Would money become available, Rausch outlined a new operation model which included the addition of six firefighter/paramedics and six firefighter/EMTs. These new full-time positions could handle up to 95% of EMS calls and half of the department’s fire-related calls, he said. It would reduce the reliance on the department’s volunteer members by at least 200 calls per year, he added. 

Rausch recommended that the department hire the new staff from the department’s current members and provide them with additional training. 

Startup costs for the new model would include approximately $250,000 for the purchase of an ambulance, with a budget of about $40,000 set aside annually for future ambulance replacement; approximately $80,000 in additional medical equipment; a self-loading cot for the additional ambulance, coming at a cost of about $30,000; some $50,000 for initial EMS training, and about $20,000 for EMS supplies, for a total estimated cost of $470,000. 

Some costs could be funded through non-recurring funding sources available to the city, Rausch said.  

Proposed changes within the police department

Continuing with the slide presentation, Bump said the Fort Atkinson Police Department has 20 sworn officers, with 12 dedicated patrol officers who provide 24/7 patrol coverage. Two officers are working during all shifts, plus, when available, an additional officer works on what Bump called a “power shift.” That officer, Bump said, is used to cover a primary shift if a primary shift officer is off work, leaving a primary shift vacancy. 

Looking at per capita numbers, Bump said across Wisconsin and the United States, the average is two officers per every 1,000 in population. As an example, he said, using that metric, a community with a population of 8,000 would have 16 sworn officers. Fort Atkinson would have 27 sworn officers. 

Since 2011, Bump said, the police department has struggled to meet all of its obligations with its number of sworn officers. He anticipated that trend would continue, especially, he said, as communities ask law enforcement agencies to solve problems beyond the traditional scope of policing, safety and security. 

Like Rausch, Bump pointed to an increase in calls, noting that in 1990, the department responded to 4,778 calls. In 2020, he said, the department responded to 11,463 calls. So far in 2021, the department has responded to 9,366 calls, and, Bump said, he is projecting that the department will have responded to 14,067 calls by the end of this year. 

On average, he said, the police department responds to 11,500 calls for service annually, which breaks down to each officer handling about 960 calls a year. 

Bump said calls for police service increase in communities that have hospitals, community-based residential facilities and schools. He cited the School District of Fort Atkinson as one that services a large geographical area, which means a lot of students are coming into the city on a daily basis.

“Too many calls take officers away from proactive policing,” Bump said. He talked about what he called “the rule of 60,” developed by the Center for Public Safety Management, which suggests that 60% of a department’s sworn officers should be dedicated to patrol. Fort Atkinson meets that criteria, he said. 

Additionally, the rule states that 60% of a patrol officer’s time should be spent responding to calls. The other 40% of their time is best spent addressing community concerns and responding to serious emergencies. 

Comparing the rule of 60 with how Fort Atkinson officers spend their time, Bump said, on average, his officers spend nearly 76% of their time responding to calls, leaving just over 24% of their time for other activities, like community policing. 

Between January and August of this year, he said, the numbers were further offset, with officers spending on average just over 78% of their time on calls and nearly 22% on other activities. 

Would additional resources become available, Bump said, he saw an immediate need for two additional sworn officers, which, he estimated, would increase the department’s annual budget by approximately $200,000. 

Looking at need, he said, with plans underway for a new development along Banker Road, the city’s population would likely increase, he estimated, by at least 800 people. With that increase, he said, the city would have a need to add yet another sworn officer, bringing the department’s total to 23 sworn officers. 

Contract non-renewal and request for proposals 

Council voted unanimously Tuesday not to renew a contract that included an automatic renewal clause between the city and Ryan Brothers Fort Atkinson LLC. 

In a separate action, council instructed LeMire to seek out the services of a referendum consulting and communication firm to help craft and educate the public about a potential public safety referendum. LeMire described the action as a first step in a process towards bringing a referendum before the voters in April. 

Offering some background on the Ryan Brothers Fort Atkinson LLC contract for ambulance and EMS services, LeMire said the city and the company entered into its current contract in 2006. The contract renews annually unless either party decides against its renewal. 

As stipulated within the contract, LeMire stated, notice to prevent the automatic renewal must be given between Sept. 1 and Nov. 30 of the year prior to the one in which the contract will terminate. As an example, she said, if either party wanted to terminate the contract on Dec. 31, 2022 (as was being proposed), notice of termination must be given to the other party between Sept. 1 and Nov. 30 of 2021. 

Terminating the contract was under discussion, LeMire said, because the city is proposing to bring ambulance services under the umbrella of the city’s fire department. The proposal calls for the hiring of six full-time firefighter/paramedics and six full-time firefighter/emergency medical technicians (EMTs). The 12 new positions would help to provide 24/7 coverage for both emergency fire and ambulance calls for service, LeMire said. 

Further, she said, “staff intends to request that the city council review and approve a public safety referendum question to be on the April 5, 2022 ballot.” Staff would be asking for approval of the referendum question in January, 2022, she said, adding that the referendum question would ask voters to exceed the city’s state-imposed levy limits to pay for the additional staffing for the new hires at the fire department as well as two additional police officers. The city would be looking to fill those positions by Jan. 1, 2023. 

Bringing EMS services under city control, LeMire said, “will provide opportunities for additional community-based services, such as community para-medicine.” 

“Staff continues to work out the details of the proposal and the amount needed through the referendum process,” LeMire added. 

Looking at financial impacts to the city, she said that the city pays Ryan Brothers $112,000 annually for EMS services, and will continue to pay its contractual obligations through 2022. 

“There are significant financial impacts of providing full-time fire/EMS service. Those impacts will become clear and be communicated to the council and the public over the next several months,” LeMire continued. 

Council voted in favor of terminating its contract with Ryan Brothers, with services provided by the company ending on Dec. 31, 2022. 

Offering background relative to city staff’s proposal to hire a communication service to help form and roll out the public safety referendum, LeMire said the city would not have the levy capacity to continue with its proposed public safety plan as shared by the fire and police chiefs without going beyond its current state-imposed levy limits.   

“While city-offered EMS services will create a revenue stream in the future, the city does not currently have other options for obtaining the additional operating revenue necessary to fund the proposed public safety staffing,” LeMire said. To fund the proposals, she said, the city would need to ask its taxpayers for revenue provided through additional property taxes, with that request coming through a referendum question appearing on the upcoming April 5 ballot. 

“This referendum will require significant outreach and education efforts within the community,” LeMire noted. 

Council approved a request made through LeMire by city staff to distribute a request for proposals (RFP) to seek out and select, as stated within a memo from LeMire to council, “an experienced communication consultant to ensure that the messaging and information-sharing with the public is done professionally, resulting in a well-informed electorate before the election.”

With council approval received, LeMire noted that an RFP would be developed using samples from other municipalities and deliverables specific to the city of Fort Atkinson. The request would begin circulating by the end of the week, LeMire said, adding that the request would be posted to the League of Wisconsin Municipalities Classified Ads website. 

LeMire further noted that the city does not have funds budgeted to pay for the referendum consulting firm’s services, however, she said, some potential funding sources include the American Recovery Plan Act, with funds available within the category of revenue replacement; fundraising; donations, and community grants. More information about funding opportunities will be presented to council on Oct. 19, at which time the cost of such services should also be known, she said. 

Tentative referendum timeline

Within her memo, LeMire offered a tentative referendum timeline as follows: 

• Sept. 8: staff releases request for proposals for referendum consulting firm. 

• Sept. 30: potential consultants must submit their proposals by 5 p.m.

• Oct. 5: staff members, including Rausch, Bump, LeMire, and Public Relations Executive Assistant Sarah Weihert review proposals against criteria set within the request for proposals. 

• Oct. 19: council reviews proposals, with possible action taken by council to approve and hire a communications consultant.

• September through December, 2021: staff engages in fact finding, public engagement, possible community survey work to be performed by consultant and city staff. 

• Jan. 18, 2022: council approves a resolution to place a referendum question on the April 5 ballot. A deadline for referendum placement is Jan. 25. 

• January through April, 2022: city to embark upon additional public engagement, public meetings and a possible direct mail campaign.

• April 5, 2022: city residents vote in spring general election, at which time they will find the referendum question to exceed tax levy limits to fund the public safety proposal on the ballot.