How Is Your Department Legally Formed? Step One in Understanding How Things Work

     We’ve all recently read in the papers and heard on the news about the many fire and EMS departments in Iowa with issues regarding managing the department and money. Often, the issues stem from a misunderstanding about how the department is formed. Others revolve around how townships receive their protection. There is also growing interest in re-establishing benefited fire districts as most other states allow.

     In sorting out the issues, the first step is it to understand how the department is legally formed and, as a corollary, how it serves other areas (usually townships) and how it provides mutual aid outside its home city.

     The Code of Iowa requires that all cities (Section 364.16) and all townships (Section 359.42) provide fire protection. Emergency medical services (EMS) and other emergency services may be provided but are not required. 

     In ALL cases, the department providing the service must be legally established. Providing service either through mutual aid or to another government entity needing protection also carries requirements. Multiple methods are available to meet the requirements. Methods available in Iowa are:

     • City ordinance: a city adopts an ordinance establishing a fire, EMS or combined department. The city and its city council are in charge of the department.

     • Township resolution: a township adopts a resolution establishing a fire, EMS or combined department. The township and its trustees are in charge of the department.

     • Agency: two or more cities and/or townships form a new government entity, (called an agency) under the provisions of Section 28E of Iowa Code. An agency may form a fire department (and be in charge of the department) or may simply serve as a body to contract for service.

     • Corporation: a corporation (either nonprofit or for profit) may be legally established under Iowa Code for the purpose of providing fire and/or EMS service. Using Section 28E, the corporation must contract with any city or township it protects. The corporation is in charge of the department but the legislative mandate to provide service remains with cities and townships.

     • Benefited fire district: a taxing district established for providing fire protection. Benefited fire districts are similar in structure to school districts except for their different purpose. They may include both cities and townships within their boundaries. A benefited district may form a fire department (and be in charge of the department) or may simply serve as a taxing body to contract for service. Benefited districts supersede city and township responsibilities with regard to fire protection. No new benefited districts may be formed after 1975, however, existing districts may continue. There are currently approximately 55 existing benefited districts surviving in the State. For additional information, see Section 357B of Iowa Code.

     • Benefited EMS district in a county: a taxing district established under Section 357F by a county board of supervisors for providing EMS. The benefited district may form an EMS department or may simply serve as a taxing body to contract for service.

     • Benefited EMS district inside a city: a taxing district established under Section 357G by a city council for providing EMS. The benefited district may form an EMS department or may simply serve as a taxing body to contract for service.

     • County assumption: a county board of supervisors may supersede township authority and assume responsibility for fire protection in a specific township, establish a levy to fund and contract with an entity providing service. See Sections 331.385 and 331.424C for additional details.

     • Contract: a city, township, benefited district, agency or county contracts (following the provisions of Section 28E of Iowa Code) with another entity to provide service. All entities both providing and receiving emergency services protection must execute a written 28E contract and file with the Secretary of State.

     • Agreement: a city, township, agency or benefited district (following the provisions of Section 28E of Iowa Code) agrees to provide mutual aid. All entities both providing and receiving mutual aid must execute a written 28E agreement and file with the Secretary of State.

     What is Section 28E? Section 28E is cited above in many of the methods used to provide protection. This section of Iowa Code serves as a general provision allowing and providing methods for all units of government to jointly provide services through “agencies”, “contracts” and “agreements”. Each of these options (agency, contract, and agreement) is unique and serves a specific purpose. Section 28E contains specific language regarding emergency services and should be consulted prior to establishing relationships for service. All emergency service 28E documents are required to be in writing (see sections 28E.31 and 32) and must be executed by the jurisdictions receiving and providing the service. They must be filed electronically with the Secretary of State and should be filed with the County Recorder.

     What about rural fire boards and associations? Prior to 1975, township areas outside city corporate boundaries were not required to provide fire protection. In many instances, informal “fire boards” or “fire associations” were formed for the purposes of collecting donations or subscriptions and obtaining fire protection from cities. Despite the legislature’s intention in 1975 to place the authority and responsibility for rural fire protection in townships, some fire boards and associations remain. They often have no legislated or legal authority.  If a “board” or “association” is involved with your department, care must be exercised to ensure it is legally formed and has authority to perform its function.

     These are the ten options in Iowa. Now that your options are known, discover how your department is formed and how it provides service to other areas. Read your founding and allied documents: charter, ordinance, contracts and agreements. This is your first step in understanding, providing and improving emergency services. 

 

 

 

 

 

 

 

Blaze Publications, Inc.

Jeff Gargano - Editor
P.O. Box 122
Humboldt, IA 50548
jeff@blazepublicationsinc.com

News and Advertising: News and advertising deadlines are the 15th of each month for the next month's issue.

 

Comment Here