Ad-Express and Daily Iowegian, Centerville, IA

March 7, 2012

Appanoose County pursues litigation against SIADSA

By Michael Schaffer - Managing editor
Daily Iowegian

CENTERVILLE — The Appanoose County Board of Supervisors during their regular 9 a.m. Monday meeting March 5 approved two resolutions to hire experts for the purpose of providing damages and amounts of restitution for their litigation against South Iowa Area Detention Service Agency.

The board hired Lawrence Goldberg, an architect in jail construction and Ted Lodden of Brooks Lodden, P.C., a certified public accountant, with a background in municipal accountancy. Goldberg will charge $175 per hour and Lodden will charge $245 per hour for pretrial and trial work involved as experts.

Appanoose County v. SIADSA case No. EQEQ003019 originates out of Jefferson County. A civil jury trial between plaintiff Appanoose County and defendant SIADSA has been scheduled for Aug. 28 at 9:30 a.m. in the Jefferson County Courthouse.

On Monday, Aug. 1, 2011 the Appanoose County Board of Supervisors approved a resolution "under protest" to withdrawal from a 28E agreement, terminate membership and seek reimbursement from SIADSA.   

In the resolution, the county requested upon withdraw and termination of membership l/8 share of equity based on May 20, 2011 valuation. The resolution states the county no longer desires to be a member and "continue in having its share of public monies and assets dissipated under current management."

On May 20, 2011 SIADSA's board voted to refuse to allow Appanoose County to withdraw and terminate membership with 1/8 share payment.

"SIADSA and its Corporation Board, upon information and belief, will only allow Appanoose County's withdrawal from and termination of membership in SIADSA upon the forfeiture of all Appanoose County's interest in the equity of such Corporation under its purported 1999 Amendments to the 28E Agreement," reads a portion of the resolution.

"The Appanoose County Board of Supervisors authorizes all actions necessary to achieve reimbursement from SIADSA to Appanoose County of its l/8 share in the Corporation, valued as of May 20, 2011, including but not limited to the filing of appropriate  litigation against SIADSA," reads a portion of the resolution.

SIADSA provides juvenile detention services to its members. Appanoose County has been a member since its formation in 1991.

In other action from the meeting on Monday, March 5, the board, less supervisor Jody McDanel who was absent:

• Approved the Secondary Road Union Contract.  

• Approved the resignation of  part-time employee Gwendolyn Kok from the auditor's office.