News : Nepotism case: Supervisors agree to 90-day extension, will review policy

While still divided on the overall question of how restrictive the Benton County nepotism policy should be, the three supervisors unanimously agreed to a 90-day extension for Secondary Roads mechanic Josh Burkhart.

In November, Burkhart received a termination notice informing him that his marriage to Kari Benson, the daughter of county maintenance vehicle driver Mike Benson, put him in violation of the county's nepotism policy.

The supervisors discussed the issue again with the Bensons and Burkharts this morning.

Kari Burkhart recited a brief history of the policy within Benton County. She said that the 1993 policy was a reaction to a previous auditor hiring relatives to work in her office. She also mentioned a few other people who were hired and continued working, despite the policy.

“Families have worked together without incident,” she said. “Don't let one bad apple ruin it for others.”

Supervisor Todd Wiley said that he was “not on board” with an employee nepotism policy that is more strict than the state guidelines. However, he said, both Josh Burkhart and Mike Benson signed off on receiving an employee handbook, which clearly states that if a marriage creates a family relationship within a department, the employee with least seniority must be fired, unless one of them voluntarily reisgns.

Kari Burkhart told the supervisors today that enforcing the policy this way is about “hard feelings and an outdated book.”

“We are tryng to abide by the handbook,” said Supervisor Don Frese. Both Frese and Supervisor Terry Hertle have been reluctant to endorse a more lenient nepotism policy.

Wiley, however, said the county's policy – significantly more restrictive than state code or the Iowa State Association of Counties guiedlines – says the county's policy could be “problematic as time goes on.”

Wiley also pointed out that Renee VonBrokern, the consultant working with the county on updating the 2000 employee handbook, has been pushing for changes in the nepotism policy.

The Burkharts and the union have also filed a grievance in Josh's case.

When asked if he had anything to say to the supervisors, Josh said he was just there to listen.

But Kari repeated for the supervisors what Josh had told her.

“He said he does not want a different job. He likes this job. It's a good job,” Kari said.

After first discussing a 60-day extension, the supervisors agreed on the 90-day delay suggested by County Attorney Dave Thompson. That allows Josh to work until the beginning of March, and allows time for the review of the employee handbook as well as the grievance procedure.