Sweetwater County Sued Over Alleged Breach of Joint Powers Agreement, Failure to Fund Emergency Communications

Sweetwater County Sued Over Alleged Breach of Joint Powers Agreement, Failure to Fund Emergency Communications

A snapshot of the dispatch staff from the Sweetwater Combined Communications Center.

SWEETWATER COUNTY – The Rock Springs, Green River, Sweetwater County Combined Communications Joint Powers Board (“Combined Communications Board”) filed a lawsuit against the Board of County Commissioners of Sweetwater County today to enforce the terms of the Joint Powers Agreement that created the Combined Communications Center.

The Combined Communications Board is a joint powers board formed by the City of Rock Springs, the City of Green River, and Sweetwater County.

The Wyoming Joint Powers Act authorizes two or more public agencies that share a common power and want to jointly implement programs, build facilities, or deliver services to come together to provide those services. The organization of the joint powers board was formalized in a joint powers agreement, a legal agreement between the participating agencies. Rock Springs, Green River, Sweetwater County entered into the Joint Powers Agreement on December 15, 2009.

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Joint powers boards exist for many reasons. One common reason being to set up an emergency dispatch center and provide emergency communication services for law enforcement. According to the Combined Communications Board’s Joint Powers Agreement, the Combined Communications Board was organized after the participating agencies determined that the best interests of the community would be served by the establishment and operation of a Combined Communications Center for the purpose of maximizing efficiency and coordination in communications and dispatching between the Sweetwater County Sheriff’s Department, the Rock Springs Police Department, the Green River Police Department and other law enforcement and emergency response agencies in Sweetwater County including fire, ambulance and other emergency services.

By sharing resources and combining services, the participating agencies and their taxpayers save time and money and receive increased efficiency in coordination of emergency communications. The Joint Powers Agreement specifies that the funding of the Combined Communications Center shall be borne by the participating agencies as follows: 43 percent by the City of Rock Springs, 32 percent by the City of Green River, and 25 percent by Sweetwater County.

The Combined Communications Joint Powers Board, in its Complaint, alleges that the County has breached the terms of the Joint Powers Agreement in failing to fully appropriate its 25 percent share of the funding.

According to George Lemich, attorney for the Combined Communications Board, “It is not fair to the City of Rock Springs and the City of Green River, who have honored their obligations under the Joint Powers Agreement and paid their respective shares of the funding necessary to operate the Combined Communications Center. The County’s refusal to pay its full share results in a shortage of funds necessary to run the emergency dispatch center and provide emergency communication services to the community. The Joint Powers Board’s only options are to require the City of Rock Springs and the City of Green River to pay an amount greater than their share or to go without. Neither is an acceptable option.”

Lemich further stated. “The members of the Combined Communications Board regret the need to resort to legal action to enforce the Joint Powers Agreement, but they have been left with no other acceptable choice in light of the County Commissioners continued refusal to appropriate the necessary funds.”

The complaint filed with the court “seeks a declaration on the rights of the parties with respect to determining the financial need of the Joint Powers Board and relief from the Board of County Commissioners of Sweetwater County’s (the commission) refusal to fund its agreed upon pro rate share of the determined financial need.”

The complaint further alleges that “the full funding of the participating agencies is necessary to ensure that those charged with 911 public safety have the necessary tools to fully perform their duties.”

The Combined Communication Board asked for “judgment against the commission for breach of the Joint Powers Agreement by the commission’s failure to fund its pro rate share of the costs identified by the Joint Powers Board.”

The county has 20 days to respond to the Combined Communications Board’s complaint.