County amends 28E regarding Dispatch
In November, Sheriff Greg Graver, EMA Coordinator Brenda Leonard, and County Auditor Whitney Hein discussed the option of moving Jones County Dispatch out from under the Sheriff and placing them under the direction of EMA, specifically under the EMA Commission via an 28E agreement. This decision was due to a funding issue that stemmed from the state’s new “tax relief” law.
The board ultimately approved that change.
Eight months later, following the start of the new fiscal year on July 1, Graver was back to seek an amendment to the 28E during the July 9 board meeting.
“We got some signals from the state that there were some issues with the 28E that we put together,” Graver told the board.
He said the 28E was put together after reaching out to other commissions and dispatch centers regarding their agreements.
“We got notified on July 1 when the transfer took effect, the state notified us that they were potentially shut down our terminals,” added Graver.
For clarification, he then reached out his contact with the Department of Public Safety, which is a liaison with the FBI.
“After a conversation with him, the issue is essentially rules and regulations with our NCIC (National Crime Information Center) system,” explained Graver. “The FBI owns this database. The state is a partner in this. We are a partner in this. That’s what allows us to enter warrants, missing people, protection orders, run a driver’s license, run a license plate, etc. The FBI rules require that it has to be a law enforcement agency to be a member to be involved in NCIC.”
Right now, Jones County Dispatch is under EMA, which is not a law enforcement agency, or what the FBI is calling a “criminal justice head.”
The state sent Graver the language that needs to be added to the 28E agreement to put them into compliance.
“That way we could stay in the NCIC system, which is a major function of what the dispatch center does,” he said.
Graver admitted that having a member of law enforcement serve as head of Dispatch makes more sense.
“It could potentially be a little dangerous to have mayors or city council members making decisions that affect law enforcement operations and systems,” he said. “That’s the goal in this, to keep a law enforcement head in direct control of the systems.”
The board approved the amended 28E agreement, adding Graver as the “criminal justice head.” Graver said the EMA Commission planned to meet on July 11. Following their approval of the amendment, it would be submitted to the state.
Supervisor Ned Rohwedder had a question pertaining to the employee policy within the agreement and whether they would have to follow the county’s handbook or not.
“It says the communications supervisor, with advice from the board of directors (BOD), shall determine the personnel policy…,” noted Rohwedder. “Does that mean they’ll following the Jones County handbook regardless of what the BOD/commission say, as far as the policies for staff? Why doesn’t it just say that the commission shall follow the Jones County handbook?”
Both Graver and County Attorney Kristofer Lyons said because Dispatch falls under a commission, that commission has separate control. Graver said Mike Galloway, the county’s HR director, was involved in the initial review of the 28E, and it was his recommendation that the Dispatch employees have the same provisions under EMA as they had under the Sheriff, as union employees.
“It wasn’t really a choice of theirs (Dispatch). This was thrust upon them. It was a choice that we made for the funding aspect,” Graver said. “His (Galloway) recommendation was we give them the same rules under the handbook or under the current conditions on the union contract, even though they’re no longer under me.”
“Separate commissions have the right to set their separate policies that they want,” added Lyons. “(Though) It’s simpler for them to adopt the county handbook.”
Rohwedder said he is not in favor of some county employees having a different set of policies versus the rest.
“I don’t like to see a board have the ability to set different policies from the county handbook,” he said.
“This is different; this is through EMA,” said Supervisor Jeff Swisher. “When their commission decides their budget, we really don’t have a say in that.”