Town files complaint against county

At recent Town Council meetings, motions were approved — with Councilman Dusty Lewis voting “no” — to file declaratory judgment against the County, for clarification of the County’s duty under Title 25 to pay for detention, treatment and transportation of persons in need of mental hospitalization.

According to the complaint filed, the Town of Termopolis is acting on behalf of the Thermopolis Police Department against the Board of County Commissioners of Hot Springs County.

The complaint states the Town desires to have the status and other legal relations between the Town and County determined by the Court involving obligation imposed by the statute commonly referred to as Title 25 which involves involuntary emergency detentions.

Thermopolis Police Officers are often called as first responder to calls requiring emergency detentions within the Town.

Following steps required by Title 25, according to the complaint, individuals subject to emergency detention are often held in Hot Springs County Memorial Hospital, as opposed to Hot Springs County Jail.

The hospital requires police officers to provide 24-hour standby to observe and protect subjects of Title 25 proceedings and hospital employees. Provisions of Title 25 require the County to pay costs for the first 72 hours of detention, treatment and transportation.

The Thermopolis Police Department has submitted vouchers to the County for reimbursement for expenses related to emergency detention. The complaint states said vouchers were submitted by Police Chief Steve Shay in the amount of $2,157.29 by letter on or about Dec. 29. The vouchers were attached as exhibits.

The Hot Springs County Sheriff’s Office typically attends to emergency detention situations outside the Town of Thermopolis boundaries and generally within County boundaries.

The complaint further states there is information and belief the Board of County Commissioners has a budget line item for reimbursement for detention, treatment and/or transportation, and reimburses the Sheriff’s Office for expenses related to Title 25 emergency detentions. There is further information and belief the Sheriff’s Office declines Title 25 emergency calls within Town limits.

The complaint alleges the Board of Commissioners has refused to reimburse the Thermopolis Police Department for expenses relating to detention treatment and transportation.

In the first count of the complaint, the Town requests the Court determine the meaning of appropriate sections of Title 25 and determine if it is the board of Commissioners’ responsibility to pay for detention, treatment and transportation of individuals held for the first 72 hours pursuant to Title 25 proceedings.

The second count notes the personnel expenses in the sum of $2,157.29 as evidenced by the vouchers, which expenses were incurred during the first 72 hours of Title 25 proceedings, and that the Board owes the Town $2,157.29 for which judgment should be rendered.

The Town prays for a declaratory judgment in its favor and against the Board construing the Board’s obligations for the first 72 hours of Title 25 proceedings and that the expenses of detention, treatment and transportation are to be borne by the Board; for services rendered for the first 72 hours of Title 25 by the Town of Thermopolis and the Thermopolis Police Department, the Board should be declared liable for reimbursement for the expenses incurred on the County’s behalf; and for a judgment in the amount of $2,157.29; and for costs and such other and further relief the Court deems proper in the premises.