News : Lawsuits promised, One Delivered to Benton County

In the Benton County Supervisor Meeting held on May 28, 2024, former Benton County Attorney, David Thompson said, "you have more lawsuits out there that are pending, that you haven't disclosed to the public yet," and "How many more lawsuits do you want? Because you know you have more out there that the public's not aware of." The statement made seemed to be an odd one to make, until this week. Thompson who lost the election last year is now serving as the First Assistant Bremer County Attorney so it would seem would have no skin in the game.

This week the first Human Resources Director, Kirsten Nelson was hired by Benton County filed a lawsuit against the Supervisors and Auditor.

Nelson was employed with the county for a little over a year and a half from June of 2021 to April of 2023. She was referred to the Supervisors for hiring by a committee which included former county attorney Thompson.

In the lawsuit filed on June 6, 2024, Nelson filed against "Benton County, Iowa, a political subdivision of the State of Iowa, and Rick Primmer, Tracy Seeman, Gary Bierschenk, Hayley Rippel, in their individual and official capacities." and citing also in the lawsuit that there was "findings of non-compliance and mismanagement to multiple Benton County officials, including Supervisors Primmer, Seeman and Bierschenk as well as the former Benton County Attorney, David Thompson." The lawsuit names all the above except Thompson in the suit.

In the lawsuit she claims that Rippel withheld files from her and that she reported this to the Supervisors and County Attorney at the time. The lawsuit goes on to state that Rippel "organized a campaign to retaliate against Nelson including efforts to intimidate and harrass her in the workplace."

The suit also claims that Rippel instructed cameras to be removed from outside Nelson's office, "sending people to her office as a way of harassing and interrupting her." She goes on to list, "openly hostile communication, talking negatively about Nelson in the workplace and encouraging other employees not to work with her, and initiating an unwarranted investigation against her by making a false complaint."

She says that Rippel "reported violations of law, rules, mismanagement, and abuse of authority and interfered with Nelson's employment, business and professional relationships and, prospects."

The claim says that Nelson went to the Supervisors who "failed to act, enabling and condoning the continued harassment and retaliation." As a result "employment became so intolerable she was forced to leave her employment."

Nelson is asking for the following damages including, but not limited to:

-lost wages

-future impairment to earning capacity

-loss of vacation, sick, and other paid leave

-loss of health care benefits

-retirement benefits

-life insurance benefits

-long term disability insurance benefits

-loss of pay due to raises and advancements

-personal injuries including severe emotional distress, anxiety and fatigue

-back pay

-civil damages

-equitable relief

-attorney fees and costs.

She would like to seek reinstatement, back pay, civil damages up to three times annual wages and benefits.

In her claims against Rippel, Nelson says that Rippel "intentionally and improperly interfered with Plaintiff's contract...as outlined in her employment contract and retaliating against Plaintiff for reporting violations of rule or law, mismanagement, or abuse of her authority."

Nelson is also asking for a judgment against Rippel, "for relief including damages for loss of wages and benefits, severe emotional distress, anxiety and fatigue, attorney fees and costs, and any other such relief the court deems equitable and just." She is also requesting a jury trial in the case.

These claims echo statements made by Thompson in the May 28 meeting. "We had a very fine HR professional, Kirsten Nelson here. And we had the same thing. We had open obstruction, of her trying to do her job. Documents that she needed, denied. Shunned. Weaponization of the cameras to check to see who is coming and going from the HR's office and other places." He went on to accused county officials of "open rebellion...to any policy that the board tried to adopt. And that has continued to this day."

Also in the May 28 meeting, Thompson stated, "We actually have elected officials making throat-cutting gestures at employees right now, and you guys should be aware of that. Well, you will be soon. Okay?" In another statement, he said "This county is out of control...What an embarrassment."

According to the statements made in the May 28th meeting, the county should probably expect another lawsuit to fulfill the plurality of the words used by Thompson indicating "lawsuits."

This lawsuit will be presented by the same lawyer, Kellie L. Paschke, attorney at Skinner & Paschke, PLLC who filed on behalf of the Benton County Deputy who won her lawsuit this past year.

Lawsuits like arrests are accusations that must now be proven in court, in this case if the plaintiff wins her request, before a jury.