News : "Team Dave and Rick" and Co. settle Lawsuit

This article will attempt to lay out the facts of the case and try to condense the lawsuit. You will see numbers inside of parentheses, these indicate the page where the information can be found. Following the intro, the majority of this is pulled directly from the filing. The 56-page lawsuit will be attached at the end, I'd suggest no you read it.  Here is a summary of the lawsuit.

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A lawsuit was filed on April 29, 2024, by Benton County Auditor, Hayley Rippel against the Benton County Supervisors (Rick Primmer, Tracy Seeman and Gary Bierschenk), David Thompson the former Benton County Attorney, Rick Primmer a former Benton County Supervisor and Sue Wilber a former Benton County Human Resources Director.

A total of eight counts were filed against the defendants. The county settled outside of court for $90,000. In the end, half of the settlement will go toward legal fees and about a quarter toward taxes. Over the years, Rippel has firmly been against bringing any lawsuit saying, "I don't want to cost the taxpayers." At the same time, as the Auditor this approach seemed to be the only option to protect herself and her office.  

This follows two other major lawsuits filed and settled against the county:

-September 2024 case with Kirsten Nelson lawsuit for $30,000 (8-10)

-August 2024 the Sue Wilber case filed against and settled with the county for $140,000+. 

Rippel has served in the Auditor's Office for 26 years, and starting her 9th as the duly elected Benton County Auditor. As Auditor, she is required by law to perform certain duties found in Iowa Code 331.501 through 331.512. 

The original lawsuit began over a violation of the open meetings laws and cited the Board of Supervisors and Primmer. As time went on, her office faced interference in performing their duties and actions taken against Rippel personally were added in Counts 2-7, these included Thompson and Wilber. Count 8 was later added.

A jury trial was requested by Rippel followed by the defendants requesting a change of venue moving the case to Linn County. 

(pages 3-4, 32)

Count 1 

Violation of the Open Meeting Laws, Chapter 21, as to Defendants Benton County, the Benton County Board of Supervisors, and Defendant Primmer 

Count 2

Tortious Interference with Plaintiff's Employment Rights as to all Defendants

Count 3

Civil Conspiracy as to all Defendants 

Count 4

Sex Discrimination and Harassment in Violation of the Iowa Civil Rights Act as to Defendants Benton County, Primmer, and Thompson 

Count 5

Disability Discrimination and Harassment/Hostile Work Environment in Violation of the Iowa Civil Rights Act (All Defendants) 

Count 6

Retaliation in Violation of the Iowa Civil Rights Act as to all Defendants 

Count 7

Aiding and Abetting in Violation of the Iowa Civil Rights Act (Defendants Primmer, 3 Thompson, and Wilber) 

Count 8

Defamation (Slander/Libel Per Se) as to Defendants Primmer and Wilber 

A summary of the Auditor's legal duties: (4)

-having general custody and control of the courthouse

-appointing and removing deputies, clerks and assistants

-maintaining original records

-administering local governmental budgets

-serving as clerk to the board

-issuing all warrants, including bills and payroll

-having the authority to audit the financial condition and transactions of all county funds and accounts for compliance with state and federal law

-certain record-keeping duties

-election duties

-taxation/levy duties.

(39) "228 factual allegations" are listed in the lawsuit. Rippel's final filing included "an extensive and continuing scheme of harassing, discriminatory, and retaliatory conduct carried out by Dave Thompson, Rick Primmer, and at their direction, Sue Wilber...Harassment of the Plaintiff (Rippel) which was severe included belligerent conduct of Thompson which occurred within closed sessions, and which Plaintiff first complained about as early as March, 2020." 

As time went on, Rippel filed a complaint to the county's insurer/risk pool, Heartland, stating at that time, "I do not want to be in a closed session alone with Mr. Thompson and just the 3 supervisors. He has been belligerent and a bully on so many occasions I can't even count." Heartland initiated an investigation into Rippel's allegations. (6) She filed a second complaint about Thompson to Heartland on August 18, 2020, and to then Supervisor Primmer, concerning harassment of one of the female employees in her office. 

(6) (40)Heartland received additional complaints against Thompson made by persons other than Rippel. On August 21, 2020, during a closed session the lawsuit states, Thompson "became very angry when discussing matters with Plaintiff and stood very close to Plaintiff, put his face near her face, yelled, pointed fingers in Plaintiff's face, and slammed his fists on the table." The lawsuit said, "In addition, Thompson directed many comments and accusations to Plaintiff during this meeting." (7)  The suit says that Rippel "felt very threatened during this meeting. Thompson directed many comments and accusations to Plaintiff during this meeting.  None of the Board of Supervisors members spoke up during that closed meeting to intervene in Thompson's behavior toward Plaintiff."

(7) (40) "Less than two months later, on October 10, 2020, Primmer wrote in an e-mail to Plaintiff that Thompson had learned of Heartland's investigation and not only would he [Thompson] be attempting to learn who initiated the complaint [if he did not know already] but also that: "Dave is VERY hostile and vindictive, and I am afraid there will be hell to pay against you, [another female employee who complained], and your office." By this time, Rippel began to suffer from the stress and her medical records show that she was experiencing high blood pressure and anxiety from the stress.

(7-8, 40) In November of 2020, an attorney-investigator for the County informed Rippel, that, after their investigation, "she had concluded that Thompson had violated a Benton County employee handbook provision prohibiting harassment of employees and prohibiting use of abusive or threatening language. The investigator shared the reasoning behind her conclusions and discussed the August 21, 2020 closed session in detail and how it, along with various (40)  preceding emails and phone calls, constituted Thompson's harassment of Plaintiff in violation of the Benton County employee handbook. In concluding that the handbook was violated, the investigator relied on: witness reports Thompson's demeanor and body language during the closed session, the amount of time Thompson spent making statements directed to Plaintiff during the meeting and the substance of those statements, and 'threatening language' Thompson had used toward Plaintiff during the meeting." (8) "On February 4, 2021, Plaintiff had a mental breakdown due to the harassment and was legally committed." Returning to work in March of 2021, "She was not able to avoid further harassment of Thompson when she returned."

Minutes from the April 18, 2023 BOS meeting, lay out the decision to hire Nelson. (9-10) Primmer's statement about the need for Human Resources, (10-11) saying in discussion with this reporter that  "we have a problem in the Auditor's office" and that "there's too many chatty Kathies in the Auditor's office, so there is not a lot of confidentiality, the problem is they are not formally trained."

At another time, (13) "Primmer discussed with a Benton County department head the "bitches" of the courthouse, referring in part to Plaintiff and employees within her office, and commenting to the department head that he didn't know how a male employee could stand working with "all those women." Primmer also referred to Plaintiff as "young lady" even during public Board meetings...Primmer has discussed outsourcing Plaintiff's payroll duties, with Wilber's help, and also discussed with a County department head that payroll should be removed from Plaintiff's duties because of payroll errors and also because "we know that stress gets to her," referring to Plaintiff's mental breakdown in February, 2021."

Page 11 lays out the hiring of Sue Wilber, her benefits and the plaintiff's view of working relationship with Primmer and Thompson (11)  "even though Thompson was no longer associated with Benton County." 

(12) "Even as of 2024, and likely ongoing from the time Thompson was not re-elected, Primmer and Thompson regularly send one another text messages during County Board meetings. Thompson has sent messages to Supervisor Seeman as well during Benton County Board meetings."

Pages 11-13 include the interactions with Wilber, "...attempting to point out alleged mistakes or misdeeds of County employees, through an attorney, threatened to file claims against the County, behind the scenes, and while still employed by the County...accused Plaintiff of creating a hostile work environment," telling Rippel that she had been " "warned about" Plaintiff from the hiring committee...which was led by Primmer" Wilber went on to cancel a software order for the Auditor's Office, (13) "approved by the Board on September 5, 2023 and signed by Board member Seeman on September 8, 2023...Plaintiff was told by an employee of Tyler Technologies that the quote signed by Seeman was "voided per request from Sue Wilber.""

(15) October 31, 2023 closed session - "Wilber requested that the Board go into closed session to perform her employee evaluation." Later (18) IPIB said, "After reviewing the audio of the closed session, the conversation that occurred within the closed session likely exceeded the scope of the stated purpose of the closed session in potential violation of Iowa Code § 21.5(2)."

(22) "Rippel requested a copy of the audio recording of the "closed" session...On or about April 11, 2024, County Attorney Ray Lough denied Plaintiff Rippel's request...and stated that court action was required to disclose it. On or about April 12, 2024, Plaintiff amended her Iowa Civil Rights Complaint to formally name as respondents both Wilber and Thompson. On April 29, 2024, Plaintiff filed the lawsuit that initiated this case, seeking to challenge open records violations...and seeking to gain access to the October 31, 2023 recording."

(22) "On May 28, 2024, the Benton County Board of Supervisors held an open meeting. Primmer revealed that one of the items discussed during the October 31, 2023 closed session was the Board's collective instruction to Wilber to begin the process of selecting and hiring an assistant to work in a position subordinate to Wilber.

Primmer thereby admitted that the Board took action in closed session, also in violation of Iowa's open meeting laws. Upon questioning by former and retired Benton County Auditor Jill Marlow, who pointed out this action...Primmer then sought to obtain Board approval for Wilber's new hire...Wilber had already selected a person to fill the position of assistant."

(23-27) "Thompson suddenly appeared part of the way through the May 28, 2024 meeting and intervened ...no longer an employee of Benton County...Thompson addressed Marlow specifically and referred to "a lot of interruption during these meetings"...(just about the whole transcript can be read here Vinton Today - "These meetings are being interrupted too often," Sincerely, The Interrupter)

"Thompson next threatened that additional lawsuits were coming saying, "you know you have more out there that the public is not aware of."... Thompson...no longer a Benton County employee...should not have known of any nonpublic claims against the County. Thompson...suggested that the Board take a closer look at "elected officials" "that were still in open rebellion" and "take a second look" at their budgets-suggesting that the Board review the Auditor's budget and decrease it. Wilber had previously made similar threats to Plaintiff

Primmer then said "we do have a motion and a second to table this" until review of the budget. Thompson again interjected, pressuring the Board,...instead rescind the motion and make a motion to put this on the agenda to approve next week the position..."

(27-29) The next issue...was payroll files. Wilber sought, during this meeting, possession of hard copies, from the Auditor's office..."The Auditor's office maintained (they were) needed to perform payroll....Auditor's office, seeking to work with Wilber, scanned all of its payroll files and provided the scanned copy to Wilber...Wilber claimed that the scanned copy was not good enough that she needed hard copies...Thompson continued to interject...attempting to provide legal advice to the Board in support of Wilber's position...some of these lawsuits that are floating out there, and some are like seeds scattered in the wind that might germinate..."

"Wilber then insisted she wanted to bring the files to her office...Plaintiff agreed to transfer the files to human resources, saying in part, "You know just end it, because I know it's not going to stop, so if you want the files, have at them, if that makes you happy, and you'll stop hounding my employees, then have them, please."

"...Wilber continued to discuss matters related to the Auditor's office, raising isolated errors, an asserted failure to meet with her or communicate with her, and complaints of new and outgoing employees..."

(29)  May 30, 2024, Wilber sent Plaintiff a lengthy email regarding the personnel/payroll files, and accusing Plaintiff of violating open meeting laws.

-"Supervisor Tracy Seeman admitted to Plaintiff that Thompson had been texting Seeman during the May 29, 2024 special meeting of the Board of Supervisors."

(29-30) "Thompson's remarks about forthcoming lawsuits did turn out to be true.

-Nelson's lawsuit was filed on June 6, 2024. The allegations within Nelson's lawsuit match what Thompson discussed during the May 29 28, 2024 meeting. On June 10, 2024, Plaintiff first learned of Nelson's lawsuit from a local news outlet, which asked her for comment."

(30) "On August 15, 2024...Plaintiff was again asked not to attend a closed session of the Board, Wilber and the County executed a severance agreement...Wilber and the County mutually released claims and...Wilber agreed to leave employment with the County. Wilber had threatened or filed claims against the County sometime during her employment with the County, as Thompson disclosed obliquely during the May 28, 2024 meeting. The County agreed to pay Wilber $140,000.  Thompson and Primmer were aware of and/or supported Wilber's efforts against the County...Primmer executed the Agreement...

"The Agreement identified August 16, 2024 as Wilber's last day of employment

-Wilber kept her County laptop beyond that date and continued to make changes to County systems, including to employee benefits

-Wilber was also permitted after-hours access to County facilities without supervision ...allowing Wilber to keep the laptop beyond her last day and accessing facilities without supervision after her last day were contrary to County practices whereby departing employees are asked to provide all keys and electronics before leaving on their last day.

-there were open records requests pertaining to Wilber's laptop at the time. Wilber was permitted approximately 4-5 days... to delete, save, or modify files off of her laptop before providing it back to the County."

(31)  September 3, 2024, the County entered into a settlement agreement with Nelson"

(31) Rippel, "who has served the County for 26 years, would like to see County transparency restored and would like her workplace to be free of harassment, discrimination, intimidation, toxic behavior, defamation, and retaliation, and would like to be free to continue to perform her elected duties without interference and without interruption from petty, behind-the-scenes agendas which are undisclosed to the public. Plaintiff also seeks compensation for the harm she has experienced."