Valley International Airport Board Deliberates Termination of City Agreement Over FAA Violations

Apr. 17—HARLINGEN — Valley International Airport's board of directors is considering terminating its $1.2 million agreement with the city of Harlingen providing its fire department's services following three Federal Aviation Administration violations for failure to train airport firefighters dating back to 2017.

The FAA also found "misleading" training logs, raising concerns of records falsifications, a proposed airport board resolution states.

"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 three-page document states.

During a meeting Tuesday, the airport board tabled action on the proposed resolution calling for the termination of the airport's agreement with the city of Harlingen providing the fire department's aircraft rescue and firefighting services.

"I want to make sure it's win-win," airport board Chairman George McShan said in an interview, referring to the board's decision to table action. "That (proposed resolution) that was tabled may not be on the agenda again. It may be in a different form."

"We're not at odds," he added, referring to the city. "We work together as one big team."

After the meeting, Marv Esterly, the airport's aviation director, said the airport "acknowledges the recent findings from the Federal Aviation Administration regarding deficiencies in Aircraft Rescue and Firefighting (ARFF) training and records."

"We remain fully committed to ensuring that all training and operational procedures comply with FAA regulations," he said in a statement. "The safety and security of our passengers, employees and the traveling public remain our top priority and we take the FAA's findings with the utmost seriousness."

In a statement, Mayor Norma Sepulveda said she will "continue to hold the Harlingen Fire Department and the VIA board in the highest regard."

"I am confident that, through collaboration, we will uphold the level of excellence our community and region have come to expect from Valley International Airport," she said.

At City Hall, City Manager Gabriel Gonzalez declined comment.

"It was discussed in executive session and the item was tabled so I can't really say anything yet," he said in a text message.

Fire Chief Rafael Balderas, who was hired in 2021, did not respond to a request for comment.

The proposed resolution, drafted by Esterly, 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."

"From March 3 to March 5, 2020, the FAA determined that HFD failed to ensure ARFF personnel completed the required recurrent instruction training within the prescribed 12 consecutive calendar months, in violation ... and further concluded that HFD failed to ensure ARFF personnel completed recurrent training across multiple subject areas," the proposed resolution states.

In 2017, the FAA, which requires airport firefighters take specific numbers of training hours, cited the fire department for its first violation.

"The FAA's 2020 findings also cited that these deficiencies mirrored similar violations cited in March 2017, in which the FAA had likewise determined that the HFD failed to ensure compliance with training standards as required ... thereby establishing a repeated pattern of non-compliance and a continuing failure to ensure proper understanding and implementation of airport operational requirements," the proposed resolution states.

After the FAA's 2017 citing, Esterly discussed the finding with fire department officials, requesting they comply with federal training requirements, he said.

Following the 2020 citing, the FAA called on the airport to develop an "action plan" that led the board to request the city enter into a memorandum of understanding, specifying airport firefighter training requirements and qualifications, Esterly said.

Then in 2025, the FAA cited the fire department based on 2024 training sessions, the proposed resolution states.

"In 2025, the FAA determined that HFD failed to ensure the adequacy of the ARFF training program during training sessions conducted on June 13, 2024, and July 11, 2024, and further found that HFD failed to ensure ARFF personnel were properly trained to perform their duties," the document states.

Among its findings, the FAA pointed to "misleading entries" in training logs.

"The FAA concluded that misleading entries were made in the official training records for those sessions, raising concerns regarding potential violations ... related to the falsification, reproduction or alteration of records," the document states.

Meanwhile, the FAA found the fire department failed to take "corrective action."

"Despite the FAA's 2025 findings that the Harlingen Fire Department failed to maintain an adequate ARFF training program since 2017, HFD has failed to provide any documentation of an internal review, acknowledgement of the violations or submission of a corrective action plan, thereby demonstrating a continued lack of transparency, accountability and commitment to regulatory compliance," the proposed resolution states.

In November 2024, the airport launched an internal review after Esterly learned of "the regulatory compliance concerns," while he "formally self-disclosed the findings to the FAA, prompting a comprehensive FAA investigation," he said.

"The airport requested that the city of Harlingen take immediate action to retrain ARFF personnel to FAA standards," he said. "This requested action was promptly undertaken by the city and ensured full FAA compliance."

In February, the airport received the FAA's official findings and recommendations, Esterly said.

"Ensuring compliance with all FAA safety regulations is fundamental to our operations," he said. "The airport board is committed to taking the necessary steps to correct these training deficiencies within the ARFF program while also collaborating with stakeholders to strengthen the program and ensure sustained compliance with all regulatory standards."

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.

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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