Supervisors Hear Concerns About Open Meetings At Law Center

Mahaska County Sheriff’s Office

Oskaloosa, Iowa – The Mahaska County Supervisors met Monday in a regular scheduled meeting.

After the routine business, the supervisors addressed a concern that Mahaska County Attorney Charles Stream has with security at the law enforcement center. “Gentlemen, I got a call last week from Randy Frazier advising me that there was going to be an emergency management meeting held in the room next to the 911 Center at night. He advised me of his security concerns. We discussed the matter, and I think for Mike and Marks benefit, I should advise you that the position of county attorney in Mahaska County also includes being criminal justice manager for the 911 Center,” Stream informed the Supervisors. “In fact, I’m Randy Frazier’s boss.”

“Randy and I discussed the matter and I advised him what I believe very strongly is the 911 Center should be the most secure facility in the entire county. Period. Everything for emergency services starts there,” advised Stream.

In a freedom of information request Oskaloosa News had with Mahaska County Emergency Management, a copy of the email from 911 Director Randy Frazier and Mahaska County Emergency Manager Jamey Robinson states:

“I see you’re having a public Commission meeting tonight. This is to inform you the Center will not be letting any public into this secure building after hours. Anyone unknown to the center staff will not be allowed entry, you will have to deal with that on your own. This is the same thing I’m passing down to staff.” – Randy Frazier Director Mahaska 911

Emergency Manager Jamey Robinson also serves under a board that chooses the meeting location. According to the Emergency Manager minutes available on their website, the commission sets the meeting location.

Robinson, in order to facilitate his commission members attendance to the publicly posted meeting, had a member of CERT stand at one of the keyed doorways to allow passage into the meeting. Sheriff Paul DeGeest is the Chairman of the Emergency Management Commission that is made up of elected representatives from Mahaska County communities such as New Sharon, University Park and Beacon.

The 911 Center itself is isolated within the restricted area by locked heavy doors. The keyed doors that officers and others are buzzed through offer little protection to a potential perpetrator that would only merely have to jump one of the counters that opens to either the police department or sheriffs office for the same level of access. Dispatchers work within an isolated environment already beyond the restricted access.

“If anybody wants to disrupt emergency services in Mahaska County, the 911 Center taken out of commission would be the first thing that anybody would do and that we should fear happening,” says Stream. “If we were to go over to the 911 Center right now, over to the law enforcement center, we would find the area secure. I cannot get in there, unless they buzz me in even though I’m in charge of the 911 Center.”

“The idea that you’re going to have open public meetings right next door to that is ludicrous at best,” says Stream. Stream told Frazier that he was “absolutely right” about not allowing the Emergency Management to hold their meeting in the Emergency Operation Center (EOC), which is located behind one of the secured 911 Center doors, and advised Frazier to go ahead and not allow admittance to it and “to advise him [Robinson] the County Attorney instructed him to do so.”

Stream says he then got a phone call from Mahaska County Sheriff Paul DeGeest, who is also the Chairman of Mahaska County Emergency Management, who was upset at Randy. Stream said that after he and DeGesst talked about the matter over the phone, he had the matter added to the agenda. “I certainly wanted to give him an opportunity to tell his side of the story here,” said Stream.

The Emergency Management Commission had their meeting as scheduled. “The code is very clear. Public meetings are just that, public meetings. The general public has a right to walk in the door, come in totally unfettered. You can’t have the Gestapo or anyone else at the door checking who goes in and who goes out. In a secure facility that’s necessary,” says Stream in his concerns about meeting public meeting regulations.

Stream is concerned that people will be intimidated to attend the meetings at the law enforcement center.

Stream then said if the Emergency Manager Director didn’t recognize the importance of security at the center, “Then maybe we need a new director for emergency management, but that [security] should be a super priority.” Robinson, like Frazier, serves at the discretion of their respective commissions.

A look at the September 4, 2014 minutes of the Emergency Management Commission, “Mr. Vander Molen brought up concern about the commission meetings being held in the EOC. It was discussed and decided that the public is able to gain access to the meetings without problems. After further discussion it was decided there was no issue with the meetings taking place in this location.”

Mahaska County Supervisor Mike Vander Molen, who is also a member of the Emergency Management Commission, said that it was decided they would start to hold meetings elsewhere. “I think it’s somewhat of a moot point.” Vander Molen invited Sheriff DeGeest to respond to Stream’s comments.

“Gentlemen, first of all, I could care less where we hold our meetings. That’s irrelevant,” said DeGeest. “I guess a couple of things that bother me here is the fact that Mr. Stream feels that I’m not capable of providing security for the 911 Center and/or law enforcement center. Which kind of bothers me a little bit. As far as meetings and public having access to the EOC [Emergency Operations Center] room, which is emergency control center in the law center, over the years I’ve seen numerous times where there have been classes taught there.”

DeGeest said that the room is used by the fire department and other non-law-enforcement personnel, as well as the sheriff’s posse and retirement parties, where the general public is invited. “So, the only time this ever becomes an issue or ever has become an issue is when it involves the emergency manager. Our Director of 911 and the Emergency Manager clash. Can’t tell you why. Charles and I have tried to talk to both of them. We get nowhere in the process.”

DeGeest said the he believes it is an issue that he and Stream should work out together. Both DeGeest and Stream are Chairman of each entities board. DeGeest said that security is never an issue at the center until it involves the emergency manager. The boards of both departments are made up of elected officials in the county, including mayors, council members and supervisors.

“And I would respond, evidently the Sheriff has a short memory. In January of this year, a memo was sent out by Randy Frazier, decrying the use of the emergency operation center for numerous things that were breaches of security. And that was in January of this year, and all of these matters did not involve emergency management,” Stream said in response to the DeGeest comments.

DeGeest said he was not aware of the memo that Randy had sent “dictating who can and can’t come in that building. I didn’t realize he was in charge of security for that building. I thought that was my position. If I’m wrong, I need to be told so.”

In an interview directly after the Supervisors meeting, Charles Stream clarified as to when the memo from Frazier was sent out. The memo that follows was distributed on January 26th of 2011. Three years earlier than Stream charged in the meeting.

“January 26, 2011

When dispatch moved into the LEC [Law Enforcement Center] in December of 1996, the lower level was a very secure area. Since that time complacency has set in and security in the lower level after hours is lax. I will be proactive on this issue.

I have consulted with the Center’s Manager, County Attorney Mefford, and she agreed I need to institute new procedures to improve security of dispatch and the building itself after hours.

During the day, no one is ever allowed to enter the secure areas of the building until cleared by one of the departments, there are no exceptions. After hours no one is allowed in until the dispatcher is very confident the person has business here and those instances are rare. If there is any hesitation to allow access, the person is asked to take a seat in the lobby and law enforcement is called in to speak with them.

While it would be nice, the dispatcher does not know each emergency responder or government official on sight, therefore effective immediately, when there are meetings or training after hours and attendees will not be in uniform, I need you to help me keep dispatch and the dispatchers in a secure environment.

If law enforcement is to be a major part of the event the below does not apply, otherwise, effective immediately;
1) The sponsor will need to inform the dispatcher of the after hours event and duration.
2) The sponsor will block the MCSO’s door open to allow attendees in.
3) All dispatch doors will be locked, The combination to enter will be provided to law enforcement.
4) After the end of the event, dispatch doors will only be reopened when the sponsor has made a sweep through the building and informs dispatch the building is once again secure.

You have to agree tragic events of late have proven there is a different social climate of hostility and in addition, Iowa’s new gun law, in my opinion, leaves no leeway for error on the issue of security, especially in the LEC.

Thank you for assisting and contributing to the continued security of dispatch.

Sincerely,

Randy Frazier”

Stream, in the interview after the meeting, said, “When it comes to the 911 Center, I’m in charge. When it comes to the Sheriff, I’m not in charge of him by any stretch of the imagination. My theory here is, the Board of Supervisors has no authority over the Emergency Management, telling them what to do. They have no authority over the Sheriff to tell him what to do. They have no authority over me to tell me what to do. But they do have authority with regard to that building.”

And with that authority, Stream wanted the board to exercise that authority “and decree there would be no public meetings in that facility.”

In regards to Emergency Management using the facility for their meetings, “there can’t be any intimidation. There can’t be any checking out. People have the right to flow to and from.”

When I requested access to the Mahaska County 911 Commission meeting and agendas, which is a public resource, I found there was no openly available copy to view. I then asked Director Frazier if I could get a copy of those agendas and minutes from the past 3 years to view. More often than not, those copies are made freely to members of the press because it helps build a public understanding.

Mr. Frazier returned several minutes later and said that there would be no problem in getting a copy of the records, but he would need a $20 retainer in order to do so. According to Iowa Code, “The fee for copying service shall not exceed the actual cost of providing the service. “Actual costs” shall include only those expenses directly attributable to supervising the examination of and making and providing copies of public records.”

I wasn’t informed as to what the cost per copy would be, only that they needed a retainer. So I asked to be able to view the files in person. I was allowed to view those records, but it was awkward to do so without a table to hold the 3-ring binder and document what was in the record. I asked to take photos of the information which is allowed by law. Mr. Frazier, made a call to Mr. Stream to verify I was allowed to take photos of the documents.

Mr. Frazier did as the law instructs, and sat there observing me while I viewed the documents. But this entire process could easily have intimidated some citizens.

It’s uncertain as to how meetings or public interaction with the various emergency services in the county will be handled in the future, but for now, Emergency Management will hold meetings elsewhere. It appears that until the definition of Law Center and 911 Center, where the dispatchers reside within the Law Center, is figured out, this controversy may continue into the foreseeable future, or until personalities change.