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Kossuth County alerted to inter-county CJIDC governance dispute; petition seeks judicial determination of bylaws

Kossuth County Board of Supervisors · January 1, 2025
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Summary

Kossuth County officials were informed that Hardin County filed a petition seeking a court ruling on which CJIDC bylaws and voting rules control the inter-county board and that the county's insurer will assist in appointing outside counsel because the usual firm is conflicted.

A Kossuth County supervisor reported during the meeting that Hardin County filed a petition for declaratory judgment seeking court direction on which CJIDC (Council of Inter-Jurisdictional Drug Coalition) bylaws and voting-member rules control the organization and asking for temporary injunctive relief to halt changes until the court resolves membership questions.

The supervisor said the petition and supporting materials were substantial and that the joint board's usual law firm (Ehlers & Cooney) is conflicted because it also represents Hardin County; the county's insurance carrier is arranging outside counsel for Kossuth County. The supervisor said the county has asked the CJIDC executive director for historical documents going back to 2018 and earlier; some of those records are missing and may be necessary for the court to resolve questions about which bylaws are valid.

Board members noted the procedural difficulty: the county cannot hold an executive-session discussion of potential litigation until it has legal counsel assigned. The speaker said the petition raises questions about the CJIDC '2080' foundational documents and whether the organization properly filed or maintained required records over many years; the petition may prompt litigation or at least a formal court determination.

No formal board action was taken at the meeting beyond requesting staff to work with insurance and counsel to secure legal representation and to gather relevant records for counsel review. The supervisor urged colleagues to be prepared to meet in closed session with counsel once counsel is appointed.