Gilmer County v. City of East Ellijay

The county did not abuse its discretion in deciding not to continue providing free non-emergency 911 dispatching services for the city's police department.

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Appellants Gilmer County, the Gilmer County Board of Commissioners, and the Director of Gilmer County’s Emergency Management Services, William Wright collectively “the County”, appeal the trial court’s grant of mandamus relief requiring the County to provide non-emergency police dispatching services for the Appellee City of East Ellijay “the City”. Under the facts of this appeal, we conclude that there is no clear legal duty incumbent upon the County to gratuitously provide non-emergency dispatching services on behalf of the City’s police. We also conclude that the County’s decision to stop providing non-emergency dispatching services for the City, which was based upon the City’s refusal to pay its proportional share of the cost of such services, did not constitute an abuse of discretion. It follows that mandamus was not an available remedy in this matter, and therefore we reverse.

The appellee City is located within the appellant County’s boundaries. Historically, the County through its sheriff’s office has provided basic police dispatching services for both 911 emergency and non-emergency situations collectively “911 dispatching services”1 to all of Gilmer County, including the appellee City and its police force, without charging a fee for such services. In 1999, the County upgraded its 911 dispatching service system to one that provides dispatchers with computer-generated caller identification data and caller location mapping, thereby enhancing the ability of the County’s dispatchers to respond quickly and effectively to service request calls. In addition to acquiring a new computer system and the necessary programming software, the County also acquired a new building in which to headquarter its 911 dispatching services, a high-band radio repeater system that expands the communication abilities of the County’s dispatchers, new recorders, and a new telephone system.

Gilmer County v. City of East Ellijay

The county did not abuse its discretion in deciding not to continue providing free non-emergency 911 dispatching services for the city's police department.

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