A Superior Court Judge from Cobb County has been appointed as the mediator in negotiations between the city of Dalton and Whitfield County on a new Service Delivery Strategy agreement. The Honorable Senior Judge Adele Grubbs was appointed Tuesday as mediator.
The Honorable Ralph Van Pelt, Jr. of the Lookout Mountain Judicial Circuit was appointed on Friday to preside over the mandatory mediation of the SDS negotiation. Under Georgia law (OCGA 36-70-25.1), mandatory mediation is the next step to resolve disputes between governments involved in a service delivery negotiation.
The city of Dalton petitioned for mandatory mediation last week. After his appointment, Judge Van Pelt had 30 days under the statute to appoint a mediator. In his order appointing Judge Grubbs as the mediator in the case, Judge Van Pelt stated that by statute, the mediation process should be completed within 60 days of today's date.
Cities and counties in Georgia are required by law to negotiate a new SDS every 10 years to determine which services each government will provide to residents and how they will be funded. The existing SDS in Whitfield County expired on Oct. 31 after the parties were unable to come to a new agreement in voluntary mediation on Oct. 17. Without a SDS in place, governments can lose qualified status to receive certain state financial assistance or grants. However, Georgia law also allows for those penalties to be held in abeyance during a mandatory mediation of a SDS dispute.
The municipal and county governments on Friday made a joint motion in the Superior Court of Whitfield County motion to have those sanctions placed on hold. The motion calls for sanctions to be held in abeyance until May 2020 to give time for completion of mediation between the parties. A decision on the motion is expected soon.