Thursday, May 2, 2013

Petition



 
PETITION
 
Whereas:
The Dallas County, Iowa Code, Title II, Chapter II, Section 11:03 states: "The Dallas CountyE-911 Service Board shall cause to have installed, signs for every person owning, controlling, occupying or using any house, store, storeroom or building situated on premises, fronting any public way…."

For a six year period, through two appeals to the E-911 Board and an appeal to the U.S.District Court, the E-911 Board refused, to address the parcel it has now addressed 26000 O Lane.

On October 6, 2011, after six years delay, the E-911  Board, reversed itself and did address 26000 O Lane after all.

All of the E-911 Board's reasons for its six-year denial and delay, as testified under oath by the Board's Chair and its Coordinator, are belied and mooted by the E-911 Board's self-reversal.

The Board's delay resulted in the expenditure of $149,887.93 in unnecessary attorney fees, $73,314.43 the Iowa Communities Assurance Pool paid on behalf of Dallas County and the E-911 Board, and, in addition, $76,573.50 personal expense to the taxpayer,  only then to reverse itself to the cost of a $4.25 sign.

The E-911 Board's violation of Section 11:03 and its egregious and unnecessary expense to taxpayers is a stain on Dallas County Government and demands that the E-911 Board reveal its true and full reason/s for its misuse of tax revenue by its delay.

Therefore:

I respectfully request the Dallas County Iowa E-911 Service Board to respond fully and truthfully to this request for the Dallas County E-911  Board's justification for wasting $73,314.43 of taxpayer's money in a useless, unnecessary six-year delay before reversing itself and addressing 26000 O Lane at a cost of a $4.25 sign post.
Name
___________________________________________________
­­­­­­­­­­­­­­­­­­­­­­­­­­Street Address
 ____________________________________________________
Signature
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Date
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If you will to join this petition, copy it into an email message, fill it in and address it to:

 Stojogg@msn.com
 

Friday, December 7, 2012

WHY THE DELAY, SECOND CALL; DALLAS COUNTY CONTINUES SILENT

Receiving no response to his July 2012 request for its "reason for unnecessary delay," after six more months of waiting Brad Schroeder repeated his request to the entire E-911 Service Board in December 2012.

 

Saturday, July 7, 2012

WHY THE DELAY?

DALLAS COUNTY IS NOTIFIED THAT THE MOOTED REASONS FOR SIX YEARS OF EXPENSIVE DELAY BY THE DALLAS COUNTY E-911 SERVICE BOARD REQUIRE AN HONEST REASON FOR THE DELAY

Hartung & Schroeder
ATTORNEYS AT LAW
EQUITABLE BUILDING – SUITE 100
PHONE: 515-282-7800                                              608 LOCUST STREET                                                         FAX: 515-282-8700
DES MOINES, IOWA 50309
 
      June 5, 2012
Wayne Reisetter
Dallas County Attorney
207 N 9th Street, Suite A,
Adel, Iowa 50003

Dear Wayne:

            As you may be aware, with the promulgation of the 2012 edition of the Official Dallas County Address Map, the homestead of my client, Carl Hays, has now been appropriately addressed at 26000 O Lane.  As you are also aware, Mr. Hays invested considerable time and effort over the course of several years trying to secure exactly this result.  In fact, his first request a proper address for his property was entered December 15, 2006.  Unfortunately, his requests were wrongfully denied by Dallas County until very recently. 

            Among reasons Dallas County has given for its previous denials of this address are:

1.       "Dallas County cannot change a decision made by the E-911 Board." Pratt ruling on Motion for Summary Judgment, p.16
2.
      
"…the access point on [sic at] Lane 1 is designated 25998 O Avenue." Ibid
3.
      
"…it was decided by the E-911 Board that the previous ruling was justified due to the GPS location of said driveway."  Ibid P. 20
4.
      
"…due to safety considerations…there would be no further action by the E911 board to grant Mr. Hays' request." Ibid
5.
      
"…the assigned number will be plotted by GPS at the center of the primary entrance of the premises and will not approve multiple addresses to premises." Ibid p. 21
6.
      
"…all of the Plaintiff's [Carl Hays] utility and postal services were established at another address." Ibid p. 22
7.
      
"Plaintiff did not use that particular drive to access his property."  Ibid
8.
      
"…the Board felt that the entrances were properly marked." Ibid P. 23
9.
      
"…it is undisputed that Plaintiff already had two separate E911 addresses assigned to his property as a whole at the time the amended ordinance took effect." Ibid P. 59
10.
  
"…it was rational for the Board to deny his requests on the basis that Plaintiff had already been assigned two separate E911 addresses." P 59
11.
   "24002 260th Street is a nonexistent address." Ibid P. 60
            With the addressing of 26000 O Lane, it is now established that all the various reasons offered by Dallas County over the years for its failure to address Mr. Hays' homestead properly were not valid or prohibitive reasons.  Dallas County could have -- and eventually did -- grant Mr. Hays the relief he requested, and to which he was entitled.

            Mr. Hays now requests a response from Dallas County regarding the reason for this completely unnecessary delay and his incurring of tens of thousands of dollars in legal fees to accomplish what should have been done in 2006 when first requested.

            Thank you.  I look forward to your reply.

                                                            Sincerely,
 
Brad Schroeder
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Monday, December 12, 2011

SHERIFF LEONARD FUFULLS HIS COMMITTMENT FOR THE E-911 BOARD TO ADDRESS MY HOMESTEAD; DALLAS COUNTY CONTINUES TO STALL!


To: Brad Schroeder
From: Carl Hays
December 11, 2011

Brad:
       Sheriff Leonard faithfully did fulfill his committment for the E-911 Board to address my homestead properly.  However, the proof must show on the ground and it hasn't; Dallas County has continued to bollix the process and delay.

       First, after much waiting I acquired the minutes from October 6, 2011 E-911 Service Board meeting, the relevant Board minutes follows:        

          "New Business

          Carl Hays Addressing

          Leonard said that he'd met with the Carl's attorney and knows what Carl is requesting.  Carl said two nice driveways are going away and Carl is going to be using the old driveway [ Lane 1]....  Carl wants his address to be noted on that land, so wants another sign post ....  Dallas County claims if you gps at the gate his address would be 26002 center of the road.  Leonard met with Dallas County Engineer Jim George and through these discussions, E911 can give him 26002 or could rename the driveway "O Lane" and give Carl an address off of "O Lane", but with the address of 26002 "O" Lane.  Jim George is in favor of this as well...."

          "Hersch made motion to rename the driveway "O Lane" and to assign an address of 26002 "O" Lane for Carl Hays.

Adams 2nd."
            End of November 6 Minutes
 
 
 

    Second,  Todd Noah is still unable (unwilling?) to show me a master records in the Dallas County Map Data Base that include all of the information for my three addresses in one place at one time.  He did provide a page that shows an address, 26002 O Lane but it is not linked to my name nor to the homestead parcel.  Nothing for 26002 O Avenue shows up on the web site.  Todd also revealed that the number to be at the entrance is 26000, not the 26002 recorded. The E-911 Board finally made this correction at its January meeting, 2013

    Third, no street sign, O Lane, has appeared after two months of attempting to track down where this is in the process.
    This deserves action now!  It has been more than two months since the October 6, 2011 E-911 Service Board meeting.
 
 
     Thank you,
      Carl
 
 

Thursday, September 22, 2011

SHERIFF CHAD LEONARD OFFERS ASSISTANCE

    None among Dallas County's Government:
1.  Not Keith Heenan, Dallas County E-911 Service Board Coordinator,
2. Not Bob Ockerman, then Dallas County Board of Supervisor's, District 3 (then Board Chairman and BOS representative to the Dallas CountyE-911 Service Board (then Chairman), 

3. Not Brad Golightly, Dallas County board of supervisors, District One,
4. Not Mark Hanson, Dallas County Board of Supervisors, District Two, 
5. Not the unanimous, 21-members of the Dallas County E-911 Service Board twice, upon hearing a formal appeal,

6. Not Wayne Reisetter, Dallas County Attorney,

7. Not Dallas County's and the Dallas County E-911 Service Board's insurer, the Iowa Community Assurance Pool in the guise of John Mullarkey, Apryl DeLange, and Harry Perkins of the law offices of Hopkins and Huebner, P.C.,  
8. Not Judge Robert W. Pratt, Chief Judge, U.S. District Court, Iowa Southern District,
would foresee from the overwhelming preponderance of the evidence (i.e. ownership of the property) that I would evdentually prevail in not allowing my property to be stolen by the thuggery of whim.
     However, one individual,
DALLAS COUNTY SHERIFF CHAD LEONARD, saw the light, saw that there was in all of this a moral obligation to the truth, to the evidence, to the Dallas County Code, to common sense and to the honor of his office; to make a wrong right.  He acted on his principals.  You and I and all of Dallas County are the beneficiaries of his act.  Here it is:
From: Chad Leonard <Chad.Leonard@co.dallas.ia.us.gt
Date: September 22, 2011 5:20:34 PM GMT+02:00
To: "schroeder@handslawfirm.com" <schroeder@handslawfirm.com>
Subject: Carl Hays
Mr. Schroeder,

The next meeting for the 911 Commission is scheduled for October 6th at 6 p.m.  I have some potential ideas on how we can help unless you have something specific.  Please give me a call anytime at 202-5468. 

Thanks,

Chad W. Leonard 

Dallas County Sheriff 

201 N. Nile Kinnick Drive
Adel, Iowa 50003
(515) 993-4771

 

 

 

Thursday, July 7, 2011

THIRD REQUEST FOR HOMESTEAD ADDRESS

      The elephant in the room of this matter is, and has been since December 2006, that, notwithstanding the lies-for-reasons upon which the E-911 Board voted twice in appeal to deny an address for my homestead and  notwithstanding Judge Pratt's dismissal to "get rid of it [Case 4:09-cv-00198-RP-RAW]" ultimately the E-911 Board would have no choice by its own Code but to concede and address my property.  This was made known in advance to the E-911 Board, to Dallas County and to Judge Pratt.  
 


   The real reason that the E-911 Board and Dallas County chose to ignore my ownership of 26000 O Lane is a mystery yet to be revealed.  The Board's choice was at a staggering, unnecessary cost in dollars and delay, particularly when the honest, lawful choice, beginning December 2006, was available at a cost of $4.29 for a sign.

Friday, April 1, 2011

The Dallas County E911 Board is NOT Dallas County


Dallas County E911 Board is Not Dallas County
 

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF IOWA

CENTRAL DIVISION 

Case 4:09-cv-001 98-RP-RAW Document 57 Filed 03/30/11 Page 55 of 61 

B. E911 Defendants 

The parties are in agreement that Plaintiff's official capacity claims against Heenan and Ockerman are, in actuality, claims against the Dallas County E911 Board, and are not claims against Dallas County. See E911 Defs.' Br. at 6-8 (discussing how the E911 Board is a separate and distinct entity from Dallas County under Iowa law and citing case law making clear that Dallas County cannot be held liable for any actions of Heenan or Ockerman); As 2d Br. at 17 ("Plaintiff agrees that his claims against Defendant Ockerman and Defendant Heenan in their official capacities . . . are “claims against the Dallas County E911 Board, not Dallas County.") 


    So, there you have it, the Dallas County E911 Service Board operates independantly of Dallas County, i.e., Dallas County is absolved of any liability for the actions of the E911 Board, meaning that the E911 Board is immune from the scrutiny of Dallas County voters as well as all Iowans who pay the E911 tax through their communications utility bills (have a look at yours!)

    Nevertheless it would be more difficult to recognize the distinction between Dallas County and the Dallas County E911 Board than to separate a barrel full of 25 kinds of black snakes. There are tens, maybe tens of tens, of symbioses. Here are a few:

1.          All E911 Board members are employees or electees of Dallas County governmental entities.

2.          Dallas County funds the Board’s accounting.

3.          Dallas County funds all of the Boards space use.

4.          Dallas County entities pay the salaries of the Board members while on Board duties.

5.          Article One of the By-Laws of the Dallas County E911 Service Board states:

ARTICLE ONE - NAME

The name of this organization shall be the Dallas County E-911 Service Board, as established in joint agreement, entered into the political subdivisions located with the E-911 Service Area together with the County itself as represented by its Board of Supervisors, the same filed with the Secretary of State of the State of Iowa, and the Dallas County Recorder, all as provided Chapter 28E of the Code of Iowa, and acts amendatory thereto.

 

 

And on, and on, and on. Usually, if it looks like a duck and quacks like a duck, it’s a duck.  In this case it ain’t no duck.  It may be a quacker, but it ain’t no duck!