Legal Battle Between Mahaska County And Emergency Management Continue

January 17th, 2022

Oskaloosa, Iowa – The legal battle between the Mahaska County Board of Supervisors and the Mahaska County Emergency Management Commission continues.

A court date of January 28th, 2022, is now in place for a lawsuit filed by Mahaska County Emergency Management against Sue Brown as Auditor, and Supervisors Mark Groenendyk, Steve Wanders, and Chuck Webb.

The EMC in their filing says, “Acting pursuant to the provisions of Chapter 29C the Mahaska County Emergency Management Commission by vote of the Commission authorizes a yearly budget to fund the Commission by a method, or a combination of methods to be determined by the Commission pursuant to Iowa Code 29C.17(2).”

They go on to say, “The said authorization and provision is legally authorized by statute and by virtue of the Commission’s status as an independent, hybrid commission which is neither an arm of the city or county government.”

The document goes on to say that Auditor Susan Brown “is required and compelled by law to certify the Commission’s budget and provide the implementation of said budget through the county-wide special levy.”

The document goes on to say that the Board of Supervisors certified the supplemental levy for the EMA portion of the Commission’s budget $19,000 less than approved by the Commission.

“The Respondents Mark Groenendyk, Steve Wanders and Chuck Webb acting as the Mahaska County Board of Supervisors affirmatively directed the Respondent Susan Brown as the Mahaska County Auditor to not certify the budget of the Commission, including the authorization for the EMA- Emergency Communications portion of the budget.”

The document goes on to accuse Mahaska County Auditor Susan Brown “failed and refused to do so specifically as to the EMA-Dispatch portion of the Commission’s budget.”

That suit is asking for an order directing and commanding Auditor Susan Brown to certify the budget as adopted by the Commission.

It is also looking for direct and command Supervisors Mark Groenendyk, Steve Wanders and Chuck Webb to “cease and refrain from interfering with the approved funding sources of the Commission in contradiction of statutory law.”

The Mahaska County Supervisors have filed a new lawsuit against the Mahaska County Emergency Management Commission stating, “what has become an almost annual dispute before this Court as Mahaska County cities try to avoid paying their fair share of 911 costs by finding ever-more creative ways to break the law. This misconduct has now resulted in no fewer than three lawsuits between and among the parties. The Petitioner lost each prior suit and, because what they seek remains wholly illegal, must lose this one as well. By now, it is crystal clear that cities in Mahaska County do not like the statutorily mandated structure for managing 911 services or the funding mechanisms the Legislature established. It should also be clear, however, that they are not allowed to break the law to shirk their responsibilities. Yet, here we are again. ”

In the end, the lawsuit states, “As much as they clearly want to, the cities, through the Commission, cannot keep avoiding their 911 financial responsibilities by forcing the County to foot the bill. The Commission failed to pass its budget on time. It cannot expect the County, long after deadlines, to violate the law to make up for their failings. Nor can this Court compel the County to impose an unlawful levy that harms constituents. For the sake of the County and its residents, this must end. For all the reasons discussed herein, Respondents respectfully request the Court grant summary judgment dismissing all claims, award Respondents their costs, and award all other relief the Court determines reasonable under the circumstances.”

A court date of January 28th, 2022, will help further define the dispute between the two parties.

Posted by on Jan 17 2022. Filed under Local News. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

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