Deadline set for Red Oak Volunteer Fire Department, again

It has been a tumultuous year for the Red Oak Volunteer Fire Department (ROVFD).

A lack of certified firefighters, questions of financial discrepancies, and falling out of good standing with state agencies has caused county officials to step in and demand the department make changes.

Although some of these issues have been going on for years and were amplified after the death of the founding chief in 2021, a change in the county’s fire coordinator and a look into records brought much of it to the attention of officials.

ROVFD was first established in 1984 when David Crawford sold one acre of land for $200 to allow the late and founding Chief Joseph Gaines Sr. to establish the fire department building.

The deed and title filed on Sept. 17, 1984 essentially deeded the property to the fire department itself – later creating a question of ownership between the county and the founding members.

Before the Barnwell County Fire Commission was created in 2005 and began establishing substations across the county, rural regions relied on volunteers like Chief Gaines to look out for their community in the event of an emergency. They operated with support from the county as seen in minutes from council meetings in the 1980s.

The eight stations that came after the creation of the commission and the position of fire coordinator were funded through the county and grants secured by the previous fire coordinator, Timbo Williams, who is now retired. These substations are county owned and volunteer operated, filled with equipment paid for and insured by the county.

ROVFD was running smoothly under its founding chief who played a major role in advocating for rural fire service and is described by many as the glue that held ROVFD together. At a Sept. 1982 county council meeting, meeting minutes show Gaines requested a tanker truck from the county. It was to be housed under a shed he was building, funded by donations from churches and organizations.

ROVFD grew throughout the late 1980s and into the 2000s. Chief Gaines ran the department alongside his wife, Dinah, and a handful of members who are still on the roster today.

The department ran smoothly under this leadership, so much so the county never questioned certifications of members or finances, although it was on the radar at both state and local levels.

In a Dec. 2022 email to S.C. State Fire Association (SCSFA) obtained by The People-Sentinel through a Freedom of Information Act (FOIA) request, a local fire chief expressed that previous fire officials did not want to “touch the third rail,” meaning it would be unfavorable to make changes to something people feel strongly about such as ROVFD.

On the state level, SCSFA had notified the department in April 2021 that they were no longer in good standing with the state agency due to unorganized finances pertaining to their one percent funds, officially known as the Firemen’s Insurance & Inspection Fund.

The SCSFA is tasked by state law to manage fire departments' one percent funds partly by performing random audits. One percent funds are described by SCSFA as the “taxpayer-funded life source for South Carolina fire departments, granting them the financial ability to provide additional benefits for its members.”

Jeff Oswald, SCSFA One Percent Member Services Coordinator, alerted Chief Gaines that the department had fallen out of good standing after an audit was performed of financials from Dec. 2018 to 2020.

There are many regulations to how this money can be spent requiring fire departments to submit forms, receipts and check registers that list all disbursements made and received, and copy of bank statements and bank reconciliations related to the department’s one percent account.

Oswald explained to Chief Gaines that the department’s “records related to its one percent funds were poorly organized and incomplete” and funds were being accumulated because of improper disbursements, states the letter.

When ROVFD fell out of good standing with SCSFA, they no longer had access to these one percent funds for 2022 and a follow-up audit was required.

A follow-up audit was performed in Feb. 2022 and the department was still not in good standing due to similar issues noted in previous audits, rating worse than before.

“It is of the utmost importance you address these issues that have been identified. It is the goal of the SCSFA that all member departments remain eligible to receive their annual distribution and benefits,” said Oswald in a July 2022 letter to the department. “With your continued cooperation regarding the audit results, I feel confident that we can accomplish the desire for the Red Oak Fire Department to regain their ‘member in good standing’ status.”

However, the department and entire community were grieving the loss of something much greater than funding.

When Chief Gaines unexpectedly passed away in Dec. 2021, the entire community mourned the loss of their chief. The department slowly began to face challenges in his absence, relying on the other original members and founding family to keep things operational.

When current Barnwell County Fire Coordinator Wesley Gatlin was hired in late 2022 and tasked with organizing county-owned substations, he ran into some hiccups at the still recovering ROVFD: a lack of certified members, unofficial bylaws, financial discrepancies, and a chief position that had not yet been filled.

The election of a chief proved to be a topic of contention mixed with grievance within the fire department. Chief Gaines’ widow, Dinah, and children, Alicia and Joseph Jr., expressed disapproval with the county’s quest to fill his seat at a Nov. 2022 ROVFD meeting, suggesting that they can continue to run the department.

According to a report obtained by The People-Sentinel through FOIA, although tension at the initial meeting escalated, ROVFD held a special-called meeting a week later to elect an interim chief.

Henry Smith, a member of the department since its inception, was elected in an open forum to serve as interim. A permanent chief was to be elected in March 2023.

In Smith’s election, the entire department voted including the women’s auxiliary members – an uncommon practice for rural fire departments if not clearly stated in their bylaws. ROVFD did not have bylaws when Smith was elected, and he was tasked by county officials to aid in creating these policies.

Other areas in need of resolution in addition to bylaws were stated in a Nov. 22, 2022 letter from Barnwell County Administrator Tim Bennett to Smith: “County financial records appear to suggest ROFD firefighters are being paid with county funds. County Council has not approved such payments. We would appreciate you ensuring this practice of paying volunteer firefighters ceases.”

The payment of volunteers was later described to have started as “a token of appreciation,” by Joseph Gaines Jr. at a county council meeting in late 2023. Since notification that this practice was prohibited, it was stopped.

Bennett also explained the county became aware that the department only had one certified firefighter and that there were members who did not have S.C. driver’s licenses – two major liability issues for the county.

Volunteer firefighters are required to take courses and get certifications through S.C. State Fire’s Fire Academy. These courses must be taken in sequence as the information taught builds on the previous course.

In Nov. 2022, there were nine total members on the roster; one of them was certified to fight a fire having passed the FireFighter I course, and none were certified to drive a fire truck. This led the county to prohibit ROVFD from responding to calls and arranging for other departments to fill in.

By Dec. 1, 2022, Smith had compiled a draft of bylaws handed out at the department’s monthly meeting, but the county’s health and safety committee had already voted for ROVFD to operate as a temporary substation of another department.

ROVFD members were given the option between the Snelling Fire Department and Barnwell Rural Fire Department based on proximity of coverage areas, to which they chose Snelling. ROVFD operated in conjunction with Snelling for roughly three months until they were switched to Barnwell Rural 11 under Chief Jessie Elmore in March 2023.

Although Smith had been working on a draft of bylaws, the department was now to operate under the bylaws of Barnwell Rural until their own policies were official. In Barnwell Rural’s bylaws, the women’s auxiliary does not vote in an election for chief and it is done via a secret ballot – two practices not upheld when Smith was elected as interim chief of ROVFD.

In the following election for a permanent chief, Chief Elmore handed out secret ballots to all members including the women’s auxiliary, who the ROVFD members allowed to cast a vote despite the bylaws of Barnwell Rural.

In this election, Bobby Lingard was voted chief. Since the election, Lingard remains the only member of ROVFD certified to fight fires. He also had a suspended S.C. driver’s license at the time of his election.

As a substation of Barnwell Rural, bylaws were created, members of ROVFD acquired valid driver's licenses, the department returned to good standing with SCSFA, and members began to become certified in various courses as they were offered – five members completed the technical rescuer course offered on Aug. 11, 2023.

In the newly-created bylaws for the department, Chief Elmore compromised with the Gaines family regarding their role in the department’s operations.

According to the bylaws, the founders or their heirs appoint the board of trustees, maintain the vision of the department, work with the membership, and serve as a tie-breaker in votes. This practice is uncommon for county departments, but due to the circumstances surrounding ROVFD it was included in the bylaws.

In Sept. 2023, questions pertaining to financial transactions were brought to the attention of the county. Charges dating back to 2015 showed various transactions for lawn equipment and items such as shoes which are not usually paid for by county funds.

“We suspect misappropriation of government funds,” states an email from county officials to the Barnwell County Sheriff’s Office (BCSO). County council asked BCSO to conduct an investigation into the department’s finances.

In the information presented to BCSO, county officials noted “three occurrences of Chief Lingard paying his family members to carry him places,” in Aug. and Sept. 2023 for trips indirectly related to ROVFD.

A look into banking records by county officials revealed the payments being received by volunteers for responding to calls, ranging from $1,450 between six members in 2015 to $2,328 between 13 members in 2021.

BCSO’s report states, “From 2015 to 2022 the fire department was paying volunteer members for each fire call that they responded to. The county fire departments do not pay the members for responding to calls.”

However, since the department was notified that this practice was not allowed, it stopped.

Due to the lack of procurement rules in place for the fire department, there could be no charges made for the transactions nor could law enforcement prove criminal intent due to ROVFD’s cooperation in the matter.

A mediator was brought in on the dime of the county “to address topics of interest to both parties,” stated a letter from Bennett to Chief Lingard. Lingard signed the mediation agreement allowing mediator and Berkeley County attorney John O. Williams to begin a dialogue with the county and ROVFD.

However, a few weeks later Joseph Gaines Jr. sent an email to Williams explaining mediation would not be in the best interest of ROVFD. Joseph Jr. is not currently a member of the ROVFD roster, but serves on the department’s board.

Joseph Jr. wrote the mediation agreement did not detail the topics in need of addressing and objected to the nature in which it was signed.

“When it came to the mediation suggestion, our chief received a document on a Monday and the next day he started receiving threatening calls, bullying him to sign the document,” said Joseph Jr. at a Nov. 2023 county council meeting.

With the mediation growing unsuccessful, Bennett sent a letter to Alene Rouse, ROVFD’s secretary, explaining the county will assume responsibility of ROVFD’s checking accounts and possession of two checkbooks. Rouse then delivered the checkbooks and related financial documents to Bennett’s office.

Shortly after the county assumed responsibility of ROVFD’s accounts, Joseph Jr. requested they be returned to Rouse immediately.

“Red Oak has not received a mandate request to turn over the checkbooks to the county administration and also the reasoning. Any purchases made thus far have been documented,” stated Joseph Jr.’s email.

The county did not return the checking accounts and books to the department for a couple months, but began to address the issue of the department not being owned by the county. This was a topic of contention because ROVFD was receiving county funds, operating county equipment, and in 2019 were reimbursed under county insurance after a small fire broke out at the department.

On Nov. 1, 2023 the county council voted to explore purchasing property to locate a new fire department in the Red Oak region owned and operated as a county fire station, acquire infrastructure, and work with current ROVFD members toward full certification.

Although the county wanted to work with ROVFD, actions being made indicated otherwise to the department.

At the Nov. 14, 2023 Barnwell County Council meeting, Joseph Jr. spoke to “clarify the misconceptions of the Red Oak Volunteer Fire Department.”

“Somehow, once Red Oak received the substation status, it was all hands on deck to keep Red Oak below the status quo,” he said. “There is no need to waste the taxpayers money to buy new land or a new building when Red Oak already has their own.”

“Barnwell County Council, you have all received misleading reports of Red Oak, false allegations, rumors and flat out lies causing you to have the misconception about Red Oak today,” said Joseph Jr.

At the meeting, the county council allowed ROVFD to continue working toward fixing present issues and represent information in Jan. 2024.

A day after Joseph Jr. spoke at the meeting and ROVFD was allowed an extension, Chief Elmore of Barnwell Rural rescinded temporary chief duties over ROVFD as well as substation status. The membership of Barnwell Rural decided “if Red Oak continues to operate, Barnwell Rural 11 will not be responsible for Red Oak and will not respond unless requested.”

At this time, ROVFD had 16 members on the roster with the chief still the only member certified to fight fires and three certified to drive a fire truck. Without the support of Barnwell Rural, the county advised dispatchers to allow ROVFD to respond in the Red Oak community unless a large event such as a structure fire occurred. They are not to respond to medical calls due to lack of certifications.

The decision to allow ROVFD to continue to operate despite a lack of certified members and apparent tension between the county and the department led to the chairman of the Barnwell County Fire Commission and chief of the Elko Fire Department Michael Schumpert to submit a letter to The People-Sentinel.

Schumpert writes, “the Fire Commission does not, in any way, support this decision made by county council. At this time Red Oak FD has only one certified firefighter and only three members that are eligible to drive trucks.”

“I, as the chairman of the fire commission, would like to ask county council when is enough going to be enough? How long will they be allowed to operate under these conditions? I feel it is very disheartening to every other department in this county who strive to reach maximum potential in regards to their certifications and continuous training,” he said.

Schumpert also asked how the Gaines family was able to have influence over the department.

According to Schumpert, mutual aid agreements will still be adhered to but departments will not go out of their way to provide help unless toned out.

“It clearly states in the by-laws that the fire commission's objective is to promote better fire protection for Barnwell County,” said Schumpert. “I would ask that county council get on board and do the same and not be scared to make a decision for the betterment of that area and get out of this drama-filled debacle that we are in. This has gone on long enough.”

Despite discontent from other chiefs and the commission, the county continued to work with ROVFD as evident at their Jan. 9 council meeting where the department was given a further extension until June 1, 2024 to certify volunteers and organize affairs.

Although the department still only had one certified firefighter and three able to drive a fire truck, 12 members had completed one of the needed prerequisite courses to be eligible to take further training.

The county’s quest to purchase land and establish a new fire department independent of the current one was addressed at this meeting by Councilman Don Harper, who inquired if the county would still be pursuing this option.

“First of all, we don't have any money to buy no land or build no building. To me, that’s just a threat that’s just not capable of doing,” said Councilman Harold Buckmon, whose district includes the Red Oak region. “Don’t shoot a horse when he’s trying to win the race. They’re doing good, so let’s continue to support them.”

With this support came the return of checking accounts, books and the approval of an action plan requiring 85 percent of the roster to be FireFighter I certified by June 2024 with an exception of situations outside the department’s control.

Currently, ROVFD is in good standing with SCSFA and received their one percent funds for 2023. Classes are being scheduled for uncertified members, they are still being toned out for non-medical calls, and the county is continuing to work with the department.