Understanding the Issue
Some you may be wondering what exactly a 28E Agreement is, and more importantly, why what is included in the Agreement is so important and how this is relevant to you. You also may be wondering what a 28E Agency is, and why there is even a need to revise a 28E Agreement if we already have one in place. If you are one of these individuals, look no further and read on below:
What is a 28E Agreement?
A 28E Agreement is a special type of contract between one government entity and another government entity. The contract terms, required elements, and provisions of what must be contained within the contract are defined and detailed in the State of Iowa Code, and, as you may have surmised, these provisions are located in Chapter 28E of the State of Iowa Code. Hence, the name, “28E Agreement.” If you are so inclined, Iowa Code Chapter 28E can be found here.
The purpose of a 28E agreement, as specified in the Iowa Code: “..to permit state and local governments in Iowa to make efficient use of their powers by enabling them to provide joint services and facilities with other agencies and to cooperate in other ways of mutual advantage.”
In other words, it is essentially a partnership agreement in which two government entities can legally share services and/or assets in a mutually beneficial manner. 28E Agreements are not solely used for fire protection or EMS services, although this type of agreement is one of the most common. There are a lot of different types of 28E agreements that a state or city government may enter. For example, a city may provide law enforcement services or assistance to a neighboring town or city; two local government entities may decide to pool resources for shared use of facilities or development of infrastructure; you would also see a 28E Agreement established if two or more government entities provided funds for joint construction of a public building for use by the contributing entities.
Since the contract involves two government entities, there are specific terms that must be included in the contract. And each type of contract has its own special provisions, which are indicated within Chapter 28E.
Does the City of West Liberty and the Rural Townships have a 28E Agreement in place for EMS and Fire Protection Services?
The short answer to this question is…YES. The long answer is a little more convoluted, but worth understanding. Back in the 1970s, the decision was made to enter into a partnership agreement to pool resources between the rural fire district and the City of West Liberty to provide for joint fire protection services. Prior to this, the rural townships had their own fire equipment and assets that could only be used for fires outside of city limits, and the City of West Liberty owned fire equipment and assets which could only be used within city limits. Rural fire trucks were not to be used to fight fires within city limits, and city fire trucks were not to be used for fires outside of town. Clearly, this was a silly and inadequate use of resources, and our government officials were willing to come together as partners to provide the best fire protection services possible to both city and rural community members. Thus, the creation of the first contract for fire protection services between the rural fire district and the City of West Liberty. Later, a secondary agreement was created, that provided specifically for EMS services to city residents and those rural townships covered within the ambulance district. Over time, both of these agreements had only slight amendments, and most importantly, maintained the joint partnership that provided 50/50 ownership of the shared resources.
Why is a new 28E Agreement needed if we already have one in place?
In 2021, with the City of West Liberty’s attempts to make significant changes to the structure of the Fire Department and adopt changes to the City Code, they pointed to the current agreement in place between the City of West Liberty and Rural Fire District, indicating it was out of compliance with the current Iowa Code Chapter 28E requirements and stated a new 28E agreement needed to be signed, executed, and placed into effect. Given the agreement was first established in the 1970s, it is not hard to understand why changes in Iowa Code may warrant the necessity for changes to the structure and terms contained within the current agreement.
The new agreement proposed by the City had significant changes, not only to bring the current agreement in compliance, but it also removed the 50/50 ownership of assets and equipment, and provided more control and power of the fire department finances and operations to the City. This was a significant change from previous agreements, where the City served only as fiduciary for the finances and operations of the department, but decisions were—supposed to be--shared mutually. Unfortunately, the City of West Liberty has continually not abided by the terms and conditions set forth in these agreements, and the rural townships and their decision-making authorities have historically not been recognized. It should also be noted that four 28E agreements were uploaded to the Secretary of State website by the City of West Liberty in April 2021—two 28E Agreements for fire protection services, and two 28E Agreements for EMS services. The versions uploaded were the two most recent versions of these agreements. Two of the agreements (one for fire, one for EMS) is dated June 6, 2002. The other fire 28E agreement has a date of July 1, 2007, but does not contain the required signatures. The other EMS 28E Agreement does not list an effective date within the contract. You can find copies of these four agreements below:
A 28E Agency (also known as a Joint Agency) is a separate entity that is created specifically for carrying out the terms and conditions of a 28E Agreement. In this case, it would be an organization whose sole purpose would be: to provide fire & EMS protection services for the City of West Liberty and rural townships within the West Liberty Fire and EMS Districts; and to serve as fiduciary in funding provided for fire protection and EMS services. The Agency was proposed to be overseen by a Board of Directors, with both rural townships and the City of West Liberty representatives. This Board of Directors would provide oversight and direction to the Agency, approving the budget and financial operations, ensuring the appropriate reporting requirements were being met, and that taxpayer funds designated for fire protection and EMS services are spent appropriately. There are several benefits to the creation of a 28E Agency for managing these services. Most importantly:
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The rural townships and City of WL would have equal representation, equal voting rights, and equal decision-making rights in operations of fire protection and EMS services. This protects all community members and ensures all have a voice in how these services should be managed.
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The 28E Agreement originally proposed would have transferred all assets and equipment to the Agency. The articles within ensured the rural townships and City of West Liberty had equal apportionment of rights to assets, should the Agency be dissolved at a later date, which was in alignment with the original agreement and intent of officials signed in 1975.
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The Agency would be the fiduciary responsible for funds and as its sole purpose would be fire protection and EMS services, there would be no risk in assets or resources being comingled with other funds, or misused or re-appropriated for use in other ways.
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There would be two governing bodies (the rural townships and the City of West Liberty) to ensure appropriate spending and accountability of funds.
You can review the 28E agreement that was drafted by members of the Task Force HERE. This agreement took many months to draft, and until July 2024, is the version of the draft agreement that all members of the task force were satisfied would result in the best fire protection and EMS services for the entire community, while ensuring both parties had equal representation and ownership in the oversight and management of the department. This agreement was “all but ready” for signature as far as the Task Force was aware.
You can also review the bait-and-switch 28E agreement that the City presented during the July 2024 Task Force meeting, which is HERE.
Clearly, the City's draft agreement removed much of the language that provided for a fair and equitable contract, instilling terms that removed rights to equipment and assets to the trustees, and essentially allowed the City the opportunity to steal assets from the rural townships, simply by agreeing to enter into the Agreement, then operating its rights to termination of the Agency, therein gaining ownership to all property and equipment.
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We encourage you to review the 28E Agreements found in the links above. Should you have further questions about any of the information contained here, please feel free to contact us. Your questions may be ones others have as well, and may allow us opportunity to provide further education.
Take Action!
Community members can help by demanding that the City of West Liberty immediately stop stalling and negotiate a fair and updated 28-E agreement that creates a joint agency to oversee fire and EMS services. ​
Public pressure is the only way to hold the City accountable for its actions and ensure resources are managed fairly.