Commissioners give attention to mutual exchange, SWAT issues

Two major items were discussed in depth at the Cheyenne County Board of Commissioners and Cheyenne County Board of Equalization meeting Tuesday at the Cheyenne County Courthouse.

The issues dealt with an agreement regarding a mutual aid service between counties and the removal of a Medicaid discount for county prisoners.

The proposed County Sheriffs Inter-local Agreement with Cheyenne County, Deuel County and Garden County was passed during the meeting, while the proposed SWAT Agreement with Cheyenne County and Deuel County was dismissed by its presenters before board members had a chance to vote.

Regarding the inter-local agreement Cheyenne County Attorney Paul Schaub said, “We had this proposed agreement reviewed by our insurance carrier, NIRMA, who had people look at it. In the first part of the agreement it was suggested we include the words ‘when requested’… so it wouldn’t be misinterpreted as we have to provide assistance.

“Also suggested was that we include in the proposed version, responding agencies to which assistance is requested may in its discretion retain such equipment as may be necessary to maintain proper or adequate protection of their jurisdictions,” Schaub said.

“All the proposed pages by NIRMA have been incorporated into this and that’s available for review,” he said.

Cheyenne County Sheriff John Jensen said that it will always be up to the jurisdictions if they have the extra man-power at the time to support the surrounding counties.

“So it would be more like a mutual aid thing actually where it’s on a matter of need basis?” board member Harold Winkelman asked for confirmation.

“That is exactly what it is. Basically it boils down to as needed,” Jensen said. “It’s exactly what fire departments and such use as mutual aid agreements. When you put it in writing it puts everything above water; it’s very clear.”

“After the stuff that has happened in the news the last few weeks, the children are probably the main concern that you’d be looking at. There is a lot from Cheyenne County that go down to Deuel County everyday and a bunch goes from Deuel to Cheyenne County every day,” said board member Steven Olson.

“There is and we have worked really well with Deuel County over the years anyhow but we will go down and assist with training and our dog goes down there quite a bit to help. The focus has definitely been changed from the national media side to children, which is something that I can say this community has always been pushing us on before any of the issues,” Jensen said.

“We’ve always been working with school resource officers about getting down into the schools, but nationally wise it’s definitely a transition.”

Schaub also said that the SWAT agreement will no longer be pursued.

“We have been in discussion since the last commissioners meeting and we just don’t feel that it would work to anybody’s benefit,” Jensen said.

“Between our teams it’s worked and it’s proved and when you start to take that outside I think you are going to have problems. Chief Brown, myself and Paul had a lengthy visit and there are just too many concerns out there. The question was brought up - who can be there faster. The only way you are going to know is if you call both teams in. NSP (Nebraska State Patrol) has SWAT teams in place for jurisdictions that don’t have them,” the sheriff said.

Therefore the SWAT agreement was dismissed and the inter-local agreement passed.

Olson also asked Jensen and Schaub if they could define a term that he had been hearing on the news, posse comitatus.

Jensen responded that name could be used for the term militia.

“We are seeing a lot more activity in different areas of those groups. They are fearful for what the government may do and they believe under the constitution that there are certain rights that they are given. The problem comes in as to where they reach probably the extreme side or cross lines that they shouldn’t cross. They don’t believe in any of the federal or state laws,” Jensen said.

“The problem is it’s an organization that believes it doesn’t have to follow the law. We haven’t had so much of an activity here as much as other counties. There are counties north of us that are experiencing some occurrences with that,” Schaub said. “If it does happen here there is a procedure in place. At the last training I had I got some contact information of people with the U.S. Attorney’s Office that I will call if it ever becomes a problem.”

Another occurrence that Jensen wanted to make the board aware of was the correspondence received from Sidney Regional Medical Center regarding the removal of the Medicaid discount rate on medical costs for prisoners.

The board had recently received a letter from the medical center’s physicians’ clinic stating that the hospital will be unable to “continue processing at the Medicaid rate.” However, a private pay discount at the rate of 11 percent could be offered on payments paid within 45 days of the statement date.

According to Cheyenne County Clerk Beth Fiegenschuh, from Jan. 2012 to Jan. 22, 2013 the county paid $28,640.42 for jail medical. Of that, the county saved by applying the Medicaid rate $22,632.92.

“Over $50,000 we would have had to pay. From 2010 to 2013 the county has paid $69,367.22 in jail medical. That’s what we paid having a Medicaid rate applied,” Fiegenschuh said.

“The taxpayers are going to have to pick up that difference if we don’t get the Medicaid rate because the county is responsible for those jail medical costs and we get no help from the city or state. The county is solely responsible for those prisoner costs,” she added.

“I’m not sure what your recourse is. I think we need to take a long hard look at this. They are the local hospital and if it is an emergency, it is an emergency,” Jensen said.

Fiegenschuh said that the prisoners to her knowledge are still being allowed the Medicaid rate at hospitals in Kimball, Scottsbluff and Garden County.

“I guess I don’t understand this. As of Jan. 1 of 2014 I believe the Affordable Care Act Medicaid eligibility for county prisoners is supposed to expand. And now we are seeing it do just the opposite,” Schaub said.

Ken McMillen, a board member, questioned whether the hospital was refusing all Medicaid patients or just the prisoners.

More information on the matter will be researched and the hospital will be contacted for more information. The matter was put back on the agenda for the next meeting in two weeks.