Mahaska County Files Suit Against Emergency Management and E911

Mahaska County Supervisors have filed suit against Mahaska County Emergency Management and Mahaska County E911 Service Board.

Oskaloosa, Iowa – The legal wrangling between the Mahaska County Board of Supervisors and Mahaska County Emergency Management and the Mahaska County E911 Service Board.

The Mahaska County Supervisors have contended that the agreement between Mahaska County Emergency Management and the E911 Service board isn’t legal, and the boards must be seperated.

In a motion earlier this year, the E911 Service board filed to hire its own legal counsel, while Mahaska County Emergency has retained its own legal service.

In court documents filed last week, Mahaska County outlines why it believes the 28E agreement between Mahaska County Emergency Management Commission and Mahaska County E911 Service Board is not legal.

The court filing outlined 110 points as to why it believes the 2015 28E agreement between the two boards isn’t valid and asks for Injunctive Relief.

Injunctive Relief

*The Board of Supervisors incorporates all preceding paragraphs as if fully set forth herein.

*For all the reasons stated herein, the continued enforcement of the 2015 Agreement and accompanying acts of the Commission and Service Board are of public concern and will cause irreparable harm to the Board of Supervisors and public.

*For all the reasons stated herein, the Court should grant an injunction to enjoin the Commission and/or the Service Board from approving or taking any acts related to 911 service and/or public safety communications and enjoin enforcement of the 2015 Agreement as an unlawful and ultra vires act. Iowa R. Civ. Pro. 1.1501.

Declaratory Relief

*The Board of Supervisors incorporates all preceding paragraphs as if fully set forth herein.

*For all the reasons stated herein, whether individually or in total, the 2015 Agreement is void.

*In the alternative, for all the reasons stated herein, whether individually or in total, the 2015 Agreement is terminable per the 2015 Agreement and should be terminated by court order.

*Pursuant to Iowa Rules of Civil Procedure 1.1101, 1.1102, and 1.1106, the Board of Supervisors is entitled to have the Court, through a declaratory judgment, construe the 2015 Agreement and declare it void or terminable, and any other supplemental relief the Court deems appropriate.

Requested Injunctive Relief and Declaratory Order

WHEREFORE, the Board of Supervisors respectfully requests the Court grant an injunction enjoining the Commission and Service Board from approving or taking any acts related to 911 service and/or public safety communications and enjoin enforcement of the 2015 Agreement as unlawful and ultra vires. The Board of Supervisors also respectfully requests the Court enter declaratory judgment holding:

(a) The 2015 Agreement void and return authority over the Mahaska County E911 service program to the Service Board under the direction of its statutorily mandated voting members and also determining the extent of any further duties of each party, including as to the disposition of property rights;

(b) In the alternative, if the Court does not deem the 2015 Agreement void, the Board of Supervisors respectfully requests the Court enter declaratory judgment holding the 2015 Agreement terminable and terminate it per the 2015 Agreement, and also determining the extent of any further duties of each party, including as to the disposition of property rights;

(c) In addition grant any other supplemental relief the Board of Supervisors is entitled to.

Mahaska County Emergency Management and the E911 Service Board attorney’s will respond to the petition within 20 days of being served.