County board tables action on FEMA appeal

FEMA may have

authority to deny

disaster relief benefits

By KURT NESBITT

Journal Staff Writer

NEW ULM -- Brown County commissioners voted Tuesday to table both parts of a resolution to appeal a recent FEMA decision that denies disaster relief benefits that would repair systems damaged by summer floods in 2000.

FEMA made the decision after it discovered a statute in Minnesota state law that said local governments must use their own money first before applying for federal aid. Because FEMA law doesn't allow for governments to have duplicate funds for projects, the relief was denied, said FEMA public affairs officer Linda Sacia.

"That triggered duplication of monies,"said Sacia. "We must abide by the law."

Brown County currently has 35 projects that were designated to receive FEMA funding this spring.

The county received a notice from FEMA on Dec. 13 saying the expected $180,203 in disaster relief aid was denied.

Brown County is currently in the 60-day appeal period and can either join other Minnesota government bodies in making an appeal or make an, independent separate appeal.

The board passed a ditch fund budget of $229,392 for 2002 on Dec. 18. The fund does not receive any county tax money because ditch users currently pay the county for the repairs themselves.

Brown County Auditor-Treasurer Marlin Helget told the board he found FEMA's decision puzzling.

"I'm puzzled because they say it's approved, then they turn around and say it's denied."

Affected counties have two ways of appealing to FEMA.

The first level is the adminstration's regional office in Chicago. If the first appeal is denied, another 60 days is granted to appeal to the FEMA director in Washington D.C.

The case may also be taken to federal court.

The regional office hasn't received an appeal letter from Minnesota and hasn't seen a similar issue in any other state, Sacia said.

"Because U.S. taxpayer dollars are being used, we need to make sure we follow the law," she said. "We're not being arbitrary, we're following what the law says. To our knowledge, there's no other case like this."

The county recently received a letter from St. Cloud attorney Kurt A. Deter, in which Deter offered to represent Brown County in making the appeal. He sent the county a draft resolution that supports the FEMA appeals. The letter also asked the board for a $2,500 fee in exchange for his assistance.

Brown County Attorney James R. Olson said he thought hiring Deter is a good idea because he has expertise in federal court cases and could save Brown County time and money.

Commissioner Charles Guggisberg questioned how far the fee would take Brown County in the appeals process.

Helget said he was not sure, but told the board he will bring their concerns to Deter in the coming weeks.

"Maybe we should table this until we feel more comfortable with it," suggested Commissioner Donald Wellner, who later moved to table the item for two weeks so the county can "get the unanswered questions answered."

The board voted unanimously in favor of putting the resolution and hiring Deter aside until Jan. 22.