Given the Heenan's,Ockerman's and the E-911 Boards "actions" between December 15, 2006 and October 11, 2007, tthe E-911 Board's ruling that, "there would be no further action by the E-911 Board to grant Mr. Hays' request," was both astonishing and unbelievable. From those conditions began a trip through the near impossibility of hiring a Dallas County lawyer to take a case involving Dallas County government or the Dallas County E-911 Board.
I interviewed 20 lawyers during the process and heard an unexplainably consistent reason for not taking the case.
The entire search took more than a year from October 11 2007, through November 20 2008 when a Polk County Attorney was hired.In the hopes that my search might aid your search, following are my notes from the search.
Aid to memory
Re: Attorney Search , a chronology of October 11, 2007 through November 20, 2008
1. Randy Hefner. Randy claims a conflict of interest in representing us in any cause that includes county government. Randy recommended Frank Steinbach in West Des Moines and offered to contact him with an introduction. Randy had not, however by the time I contacted Frank.
2. Frank Steinbach. Much posturing here. Said he did not know what a writ is. Talked about ¾ hour. Suggested a “notice to sheriff” to stay off my property. Offered to work but only if I paid him $250 per hour to read the entire 3,000 pages of documents.
3. Mark Powell met us January 17 in his office. Mark claims a conflict of interest because he is a magistrate. He did suggest Jennie Hughes, Perry; Bob Horak, Perry, Jefferson and WDM; Mark Rassmusen, Jefferson’ and Chip Darling, Winterset ("fierce advocate")
4. Jennie Hughes, 465-8800, did view a copy of the documentation and claims a conflict of interest because her partner is a magistrate. She thought it was very interesting and that there really is a case. She suggested Sam Marks 276-7211 WDM.
5. Sam Marks 276-7211. I’m really not qualified or interested in practicing in this area. Should contact a Dallas County lawyer. Suggested Brian Jennings.
6. Brian Jennings, 993-4254. Left message January 31, a.m. He did not return the call. I called him February 4. He immediately revealed a conflict of interest due to his representation of the E-911 Board[G1] . He indicated that Wayne [G2] does represent the County in most cases but not in the interest of some of the “minor” Boards[G3] . At my request, Brian suggested that I might consider DuWayne Dalen who is with Sackett law firm in Perry. See Dalen, below.
7. Chip Darling, Winterset 462-2440. Spoke with his administrative assistant at length. She says that Chip doesn’t do this kind of work but recommended John Casper the Winterset city attorney.
8. John Casper, 462-4912. Not interested. Call Steve Walters, another Winterset attorney.
9. Steve Walters 462-3731. You should do this by getting a local attorney to approach the BOS on QT. This is too expensive to litigate but he will do it if there is no other choice. He suggested Randy Hefner; Brian Jennings, 993-4253; Mark Lowe 993-4545(with Jim Van warden); Mark Spellman (young member of Spellman firm), firm of Shirley and Finniseth 465-4641.
10. James Nelson, also with Monte Brown. Suggested Mark Powell in Perry, the one I talked to for 30 minutes but he did not make recommendations.
11. Chris Gruenhagen 225-5528 cell 971-6709, attorney for Iowa Farm Bureau was not available but referred me to Michelle Meinecke 225-5547 who directed me to the Iowa Bar Association lawyer referral service.
12. Judy Jordan, ISBA Lawyer referral Service, 280-7429, recommended Aaron Fultz, 618 Douglas Ave. P.O. Box 270 Ames, 515-239-5005.
13. Aaron Fultz. Talked with him in January 30. Was not sure whether he would be interested or not. I offered to send documentation. Promised to talk with his associate and return a call to me. He did not.
14. Jonathan Kramer 288-6041 Second recommendation from the Iowa Bar Referral Service. Kramer was not available on January 31. Was referred to his Associate who also was not in. Left a message to return my call. No return.
15. DuWayne Dalen, 465-5331, 1212 2nd St, P.O. Box 310, Perry 50220. Lives on the west side of Cross Country Estates. This is the same firm, same office as Ned Willis. Said he would take a look at the documents. He took both my phone numbers. Mailed documentation with cover letter to him to him February 4, 2008.
16. I Had not heard from Dalen by February 29, 25 days into it. I telephoned him February 29 and he replied, ”I’ve been too busy with taxes to look at the notes but tax pressure is slackened and I will look at it next week for sure and get back to you. Then we can get together at the site and look at it.”
17. March 17 I still have not heard from Dalen, another 16 days into it, a total of 42 days into it.
18. The fifteenth lawyer whom I interviewed in my search, De Wayne Dalen from Perry, did eventually respond after being prompted by my telephone call several weeks after I had sent him the E-911 documentation. He agreed to work on it and I hired him for the job at $150.00 per hour, beginning by making inquiries to Wayne Reisetter, Bob Ockerman and Keith Heenan. Daley reported that his inquiry to Reisetter, who indicated that he was not opposed to the installation of the sign, made Daley more optimistic about a resolution without litigation.
After several weeks and another prompting telephone call Daley reported that he had contacted Heenan and Ockerman. By way of explaining why a private attorney is giving counsel to the E-911 Board, Daley revealed that Keith Heenan’s wife is Brian Jennings’ secretary. [G4] Ockerman apparently told Daley that, “it was up to the E-911 Board.” But, Daley said, Heenan was adamantly, nay passionately, opposed to placing the sign.[G5]
Because of that, Daley concluded that there was no way that we would get the sign without litigation. Then came the sticker. Daley announced that he, “just didn’t have the staff to pursue a lawsuit.” So once more I have lost two months time and whatever damage is done to my interests by having an attorney contact opponents on my behalf and then bow out!
Further I have lost the evidence of the results generated by those initial contacts. Specifically, Heenan claims now that he is opposed to the sign because 402 260th St., “isn’t a legitimate entrance.” If there is an emergency there, he has another think a’ coming. Even if that were so, why did Heenan install a sign there for the next parcel in the first place!
18.1. Dalen was gentleman enough to return my documents to me with a cover letter, dated April 8, 2008, bowing out with a cursory account of his appearance. I determined that since I had risked having him appear on my behalf I am entitled to complete documentation of what he learned and what he revealed. To that end I wrote him a letter, dated April 10, 2008, asking for details of his findings. Dalen telephoned upon receipt of my letter and suggested that we get together to discuss exactly what I wanted. I composed some draft ideas for him to suggest that he simply augment his April 8 letter. KM and I visited with Dalen in his office on Thursday, April 17. He seemed quite ready to satisfy my request of April 10 in writing.
19. In considering Harvey Harrison. I spoke with Gary Steelman co-owner and partner in the Consignment Barn just west of Adel. Gary sued Dallas County several years ago over a zoning issue. Harvey Harrison had successfully defended them and I wanted any information Gary could give me regarding that experience. Gary was very enthusiastic about Harvey. It cost them $30,000 but it saved the business. Gary agreed for me to use his name as a reference for the call if I decide to contact Harvey.
20. Despairing of being able to hire an attorney, any attorney, I, again, hat in hand, telephoned Randy Hefner. Randy, again, was generous enough to suggest two more possible attorneys. The first is Michael Tungsvik from Boone (515-432-6618). Michael is in with Dorothy Dakins. Randy specifically suggested avoiding Dorothy as not a good fit for me but was enthusiastic about Michael. The second is Amy J. Hughbanks with the firm of Jungman and Hughbanks, Greenfield, Iowa. JUNGMANN & Hughbanks, P.C. (main office - Adair County)
113 W. Iowa St.
P.O. Box 329
Greenfield, Iowa 50849
Tel: (888) 366-5107
Fax: (641) 743-8977
Contact
JUNGMANN & Hughbanks, P.C. (branch office - Dallas County)
800 Main Street
P.O. Box 252
Van Meter, Iowa 50261
Tel: (888) 366-5107. Randy gave the local number 996-2050
Fax: (515) 996-9339
113 W. Iowa St.
P.O. Box 329
Greenfield, Iowa 50849
Tel: (888) 366-5107
Fax: (641) 743-8977
Contact
JUNGMANN & Hughbanks, P.C. (branch office - Dallas County)
800 Main Street
P.O. Box 252
Van Meter, Iowa 50261
Tel: (888) 366-5107. Randy gave the local number 996-2050
Fax: (515) 996-9339
Randy explained that Dave Jungman is Amy’s uncle. Furthermore, Amy is the granddaughter Lloyd Jungman, the owner of Hawkeye Breeders. Hence, the Van Meter addresses. I spoke with Amy via telephone on April 15 and learned that she lives at 23602 River Heights Drive, Dallas Center 992-3266. Amy seemed interested enough to discuss the matter and suggested that we begin with her visit to the site that was scheduled for Thursday, April 24 at 8:30 a.m. Amy hired on and did inquire of Bob Ockerman and did, eventually receive a written reply. Then Amy was called to withdraw as counsel for personal reasons.
21. Brad Schroeder, a Polk County attorney was hired November 8, 2008.
21. Brad Schroeder, a Polk County attorney was hired November 8, 2008.
[G1]Wow! The jackpot. Keith Heenan has adamantly refused to name the E-911 Board's attorney whom he had consulted and had been advised, "not to talk to me."
[G2]Wayne Reisetter, Dallas County attorney. The question was, "why did Heenan and the E-911 Board hire a private attorney for a Dallas County Board." Why are the taxpayers paying a private attorney when we already elect and are taxed for a County Attorney with assistant attorneys and support staff?
[G3]"minor?" Whoa! "Minor,? when the attorney for the Iowa Communities Assurance Pool, representing the E-911 Board revealed, 'we have $450,000 to defend the Dallas County E-911 Board?'
[G4]Wow! Another jackpot! Dallas County government is indeed a small world. All politics is local in Dallas County.
[G5]The invisable elephant in the room here is the real reason why Heenan could muster such passion for his opposition to my address. There is something more he isn't admitting? Remember, he had never met me at this point. Why then, without contacting me, and apparently with no other person present, did he stick an address sign at the entrance to my property. Stay tuned.
