DA seeks report over ‘misleading’ entries by Harlingen Fire Department at airport

HARLINGEN — The Cameron County District Attorney’s Office is requesting a federal investigation report citing the Harlingen Fire Department for a violation stemming from “misleading” entries in training records.

As part of an investigation, the Federal Aviation Administration cited the fire department for the violation stemming from last year’s airport firefighters’ training sessions.

“We looked into that,” Marv Esterly, the airport’s aviation director, said Tuesday in an interview. “The FAA has looked into that.”

On Tuesday, City Manager Gabriel Gonzalez and Fire Chief Rafael Balderas did not respond to requests for comment.

Last week, the airport’s board of directors held off on terminating its $1.2 million agreement with the city providing the fire department’s aircraft rescue and firefighting services.

”The District Attorney’s Office has requested the Federal Aviation Administration provide the CCDA their report regarding the Harlingen Fire Department’s aircraft rescue and firefighting training compliance documents and related records for Valley International Airport,” District Attorney Luis V. Saenz’s office said Tuesday.

On Tuesday, airport officials responded to the Valley Morning Star’s request filed under the Texas Public Information Act, releasing the FAA’s investigation report pointing to three fire department training violations dating back to 2017.

Last year, Esterly called for a full FAA investigation based on the agency’s findings.

In its February report to Esterly, the FAA cited the fire department for a violation of the Code of Federal Regulations section 14 C.F.R. Part 139.319 (1)(2)(v), related to the falsification of records.

“The Harlingen Fire Department failed to ensure the adequacy of the ARFF training program during the training sessions for use of the fire hoses, nozzles, turrets and other appliances’ administered on June 13, 2024 and July 2024,” Warren Relaford, the FAA’s lead airport certification safety inspector, wrote to Esterly in closing an investigation’s report on Feb. 19.

“Furthermore, HFD entered misleading entries into the records for the training sessions relative to the sufficiency and quality of the training,” Relaford wrote. “The entries raised questions relative to potential falsification, reproduction or alteration of applications, certificates, reports or records in accordance with 14 C.F.R. Part 139.115.”

Despite its findings, the FAA held back on taking enforcement action against the fire department.

“In closing this case, we have considered all available facts and have concluded the matter does not warrant legal enforcement,” Relaford wrote. “We will expect your future compliance with these regulations.”

Under the Code of Federal Regulations, section 139.115 relates to the “falsification, reproduction or alteration of applications, certificates, reports, or records.”

“No person shall make or cause to be made any fraudulent or intentionally false statement on any application for a certificate or approval under this part; any fraudulent or intentionally false entry in any record or report that is required to be made, kept or used to show compliance with any requirement under this part; any reproduction for a fraudulent purpose of any certificate or approval issued under this part; any alteration for a fraudulent purpose of any certificate or approval issued under this part.”

A Southwest Airlines plane headed to Dallas is grounded until weather conditions improve Wednesday, Feb. 1, 2023, at Valley International Airport in Harlingen. (Denise Cathey/The Brownsville Herald)

Based on federal law, “the commission by any owner, operator or other person acting on behalf of a certificate holder of an act prohibited under paragraph of this section is a basis for suspending or revoking any certificate or approval issued under this part and held by that certificate holder and any other certificate issued under this title and held by the person committing the act.”

Last week, the airport’s board of directors tabled action on a proposed resolution calling for the termination of the airport’s agreement with the city providing the fire department’s aircraft rescue and firefighting services.

The proposed resolution, drafted by Esterly, board Chairman George McShan and board attorney Gene McCullough, was “a collaborative effort to make sure everything was spelled out,” Esterly said.

The three-page document points to three FAA citings from 2017 to 2025 “reflecting a systemic and complete lack of institutional control over ARFF training functions.”

“Any resulting FAA compliance finding could place (the airport) at risk of enforcement action, compromise its eligibility for future … funding and adversely affect the (airport’s) operational credibility and public confidence,” the proposed resolution states.

Late last year, the airport board requested proposals from private contractors, considering Pro-Tec Fire Services, North America’s biggest provider of ARFF services, to offer aircraft rescue and firefighting services.

Last week, the board was planning to terminate the city’s agreement providing the fire department’s services “effective on the date the third-party provider commences full ARFF operations,” the proposed resolution states.

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