County, townships hope to buy time in fire dispute

WASHINGTON — A public hearing between the Washington County Attorney’s Office and the trustees of Clay, Brighton Dutch Creek and Marion townships Tuesday night covered a hotly contested agreement governing the Brighton Fire Department’s protection of the city and surrounding areas.

The discussion was held under a looming threat from volunteer firefighters to stop service within city limits starting Nov. 30 if certain changes to the intergovernmental arrangement — called a 28E agreement — were not made.

County Attorney John Gish said that deadline would be virtually impossible to meet.

“This is five different government bodies that we’re trying to collaborate on, it’s not going to move very fast,” said Gish, whose office is the legal representative of Washington County’s townships in the dispute. “It took us however long to get to this point … I don’t know that it’ll be super quick.”

Specifically, the fire department has stated that it would respond to township calls, but not to fires within city limits, if it’s not satisfied by the deadline. That said, many expect volunteer members to quit after the Nov. 30 mark, or for the city to deny any use of fire equipment — which it owns — if the department carries through on its ultimatum.

Gish asked trustees with ties to the department to help bring firefighters back to the table.

“I would like to see if they would agree to hold off on taking action while we take some serious negotiations with this 28E,” he said. ”I think if they decide to follow through with their threat on the 30th, I don’t think they’ll have equipment to even help the townships, that’s my concern. And yes, the city of Brighton will then be in breach of this 28E agreement by not providing the personnel, but that doesn’t help on the 911 calls.”

Perhaps the most popular clause of the fire department’s suggested 28E would establish an advisory fire board, filled by one delegate each from the city council, every township and the fire department itself.

The city has already signaled openness to such an advisory body of some sort, and at the public hearing Tuesday night, township trustees said they were also on board.

"There are times you have to make changes, there are budgeting issues,“ Clay Township Trustee Steve Roberts said. ”But transparent changes need to be made … when you have this many parties, in any type of contract, everyone should have a say, especially when you’re talking about the type of money you’re dealing with here.“

It is big money. Since 2020 alone, $161,807.24 has gone into the fire protection fund, according to a city ledger. Of that, 88% came from townships, 9% came from the city and 3% came from the City of Pleasant Plain, the state of Iowa, or a small bank payment.

The point of contention lies in how much power that advisory board would have.

The department’s proposal would give the fire board power to settle any funding disputes between the city and its department. Brighton Township Trustee Gordon Shelangoski said it was the an essential part of the policy.

"It has no teeth, it has no value,“ he said. “They should have some control, it’s not that big of a deal … I don’t care how you write it, but it needs to have the power to have some control. If it doesn’t have that control, the firemen are no longer going to be firemen.”

Attorneys on both sides, however, have rejected that clause. Gish said it would violate Iowa Code to have taxpayer dollars allocated by nonelected individuals.

"There are a couple of provisions in here that, they’re contrary to what the law allows,“ he said. “I do not think the City of Brighton can delegate their statutory authority to govern their budget to a fire advisory board. That’s something we can try to work with you guys on and work with the city on, but I’m just letting you know, there are parts of that … which would be an absolute no.”

Solutions are unclear at this point. The city has hired a consultant to serve as a mediator in the 28E drafting process, but township trustees have not yet determined if they are willing to work with that person. Gish said he suggested it.

"I think a neutral third party who practices in drafting 28E agreements is probably not a bad idea for everybody to consult,“ he said.

The county will hold another meeting with trustees Tuesday, Nov. 29, at the Washington County Courthouse district courtroom. The agenda for that meeting includes more 28E discussion, as well as decisions about how to handle the consultant.

The lingering question: will the parties reach a resolution in time? Some trustees said the lack of a certain timeline was discouraging.

“We need to set some kind of an ending point, because we’ve been going down this road for a couple years now,” Shelangoski said. “Are we talking another month? Another two months? … I’m not a person who likes to kick the can down the road, I want to get it solved.”

Comments: Kalen.McCain@southeastiowaunion.com