In the western Arkansas city of Fort Smith, mediation services have been called in for a dispute between Franklin County and the town of Charleston. At the center of this debate is whether or not Charleston is entitled to free non-emergency radio dispatch provided by the county and if the county is entitled to remove this service if the city does not pay. Mediation began on January 16.

The History Behind the Mediated Dispute

Beginning in 2000, Franklin County provided emergency dispatch for the area, and also provided non-emergency communication for the cities of Charleston, Altus and Ozark. In 2004, Franklin County started charging the towns for the non-emergency service. Of the three towns, only Charleston disputed the bills, and only Charleston has not paid.

Late in 2010, Franklin County discontinued the non-emergency dispatch to Charleston. In response, Charleston sued the county for an injunction. Charleston holds that the service was inferior and had several problems, including bad signal strength. John Lineberger, the special judge appointed when every local circuit judge recused themselves, suggested the mediation, and that Charleston needed to pay an initial $5000 to maintain the radio service.

What Hinges on the Mediator's Decision

The core of the matter is if Charleston is correct about the radio service's inferiority, and if that actually could count toward reducing or eliminating the cost of Charleston's radio service. Supporting Charleston's assertion, this city is at the southern end of the county, whereas Ozark and Altus are at the northern end of the county, near Interstate 40. This could potentially place Charleston at the edge of the signal and would explain weak signal strength and other issues.

If Charleston is to be held financially responsible for the radio service provided by Franklin County, it could be up to a total of $39,000 for the years between 2006 and 2010. By Franklin County's billing plan, each city is accountable for the percentage of air time that they use. Charleston has used on average 9% of the call volume to the tune of 6 to 9 thousand a year.