The former Urbana Police Chief was put on leave last April following a move by the Urbana City Council. The council handed over the oversight authority to the "City Administrator." The City Clerk, Jennifer Burkhart appears to have taken on the role of "Administrator" and proceeded to put Urbana's Police Chief, Josh Baker on leave, thus eliminating the Urbana Police Department.
The lawsuit requests a jury trial and is brought on behalf of Josh Baker against the City of Urbana, Gary Benson, Mayor and Jennifer Burkhart, City Clerk.
The lawsuit points out that Urbana is a "Mayor-Council" lead city. The responsibility to supervise city offices, like the police department and the City Clerk falls under the responsibility of the Mayor.
The lawsuit says that in October of 2023, Jennifer Burkhart was hired to serve as the "City Administrator," yet the City of Urbana has not created such a position. However, the Mayor allowed Burkhart to perform such duties outside of Iowa Law. Upon her appointment she was granted a salary of more than $80,000 plus benefits, was a personal friend of Deputy City Clerk Melissa Holthaus, had no municipal experience. Burkhart began her job as the "City Administrator" on November 6, 2023, and became the supervisor or Holthaus.
Neither Burkhart nor Holthaus have legal authority to supervise the police department, despite that, the suit says that they attempted to control and supervise the activities of Chief Baker and the Urbana Police Department.
On October 11 and November 8, 2023, Chief Baker allowed a citizen "ride-along" during his normal duties. All required standard waivers and releases of liability were signed protecting the city from liability. This is a common practice in law enforcement. The city nor department have a policy prohibiting the practice. Holthaus took issue with the practice and complained to the former Mayor Mitch McDonough, Baker's direct supervisor at the time. McDonough sided with Baker.
Holthaus continued to complain angrily confronting Chief Baker on November 8 after the second ride-along and demanded that he stop the practice accusing him of "not doing his job." Burkhart, her supervisor was present and did nothing to stop the confrontation and instead instructed Holthause to put all of the "incidents" with Baker into writing.
Later that day the two women falsely accused Chief Baker of taking 15 minutes to respond to a call. Benton County records show he responded within five minutes.
November 15, Burkhart then instructed Baker to cease ride-alongs. According to the claims, Burkhart continued without proper authority to try to supervise and manage Baker.
On November 7, 2023, Burkhart's second day on the job, she began a secret log of perceived shortcomings in Baker's performance.
Following the swearing in of Mayor Gary Benson, January 2024, and who also has a law enforcement background, Baker met with Benson reminding him of the law concerning oversight of the Police Department. and presented Benson with a copy of the law. (Iowa Code 372.14) With no response from the Mayor, Baker than contacted the City Attorney with his concerns.
Baker then received a list of 12 "Concerns/Issues Presented to Mayor and Council" prepared by Burkhart to discuss at the February 2, 2024 meeting. Listing the ride-alongs, timesheets, patrol activities, reserve officer parking and other police related matters. The document also falsely stated that Urbana had adopted a City Administrator Ordinance, which would go against Iowa law.
The items were put into the February 7th City Council Agenda, but Mayor Benson refused to allow Chief Baker to speak on the issues and instead said that these issues would be discussed in private despite Baker's request for a discussion in open session. Benson also claimed that the city had a City Administrator which gave Burkhart authority to supervise Chief Baker.
Two days later, Baker, Benson, Burkhart and City Attorney, Brian Fagan met. Fagan stated that he would investigate the issue.
On April 5, Benson told Baker that his performance evaluation would be at the next council meeting on April 10, something that had never been done to Baker since his appointment. Baker insisted that it be done in an open session according to Iowa Code Chapter 21. It was NOT included in the April 8 agenda, and instead he received a written notice of "administrative leave with pay, effective immediately while the city evaluates its options for law enforcement."
The notice did not indicate misconduct, insubordination or any complaints.
As of June 15, 2024, the city still identifies Burkhart as the "City Administrator," and Baker alleges that both Benson and Burkhart continue to retaliate against him for disclosing their mismanagement, abuse of authority and violation of laws. In January 2024, Burkhart stopped Baker's accrued compensatory time (comp time) after he complained about her supervision and altered his timesheets. Benson signed and approved the altered timesheets allowing a reduction in Baker's wages. Baker also cites other timesheet violations on January 10 and February 10, 2024. Baker through his attorney notified the city of the illegal behavior, mandatory penalties yet the city refused to pay wages until June 14, four months after it was required to be paid. The lawsuit also cites failure by the city to pay mandatory liquidated damages and attorney fees associated with the violation, mandatory under Iowa Code Chapter 91A.
Baker also cites a Violation of Iowa Code 70A.29 (Whistleblower) citing that when he reported the violations of law, mismanagement and abuse of authority resulted in a series of actions against him.
In this first count, Baker is seeking, " judgment against Defendants for relief including reinstatement, punitive damages, civil damages up to three times annual wages and benefits and any other equitable relief the Court deems appropriate, including attorney fees, costs, and litigation expenses."
In the second count, Violatin of Iowa Code Chapter 91A (Failure to Pay Wages and Retaliation) Baker is seeking a judgment against Defendants for relief including reinstatement, punitive damages, civil damages up to three times annual wages and benefits and any other equitable relief the Court deems appropriate, including attorney fees, costs, and litigation expenses."
Count three: Violation of Iowa Code Chapter 80F (Peace Officer Bill of Rights) Baker cites, "failure to comply with Iowa Code chapter 80F was intentional, willful, wanton, malicious, and specifically directed at Chief Baker... have caused Chief Baker to sustain actual damages including, but not limited to, lost wages, future earnings, loss of vacation, sick, and other paid leave, and loss retirement and pension benefits. In addition, Chief Baker has sustained personal injuries including severe emotional distress, anxiety and fatigue, and damage to his reputation and employment prospects. Chief Baker should also be compensated for all actual damages including attorney fees, costs, litigation expenses, and punitive damages."
He is asking the court for a "judgment against Defendants for relief including actual damages described herein, punitive damages, attorneys fees and costs, any other relief the Court deems appropriate under the circumstances."
In Count four: "NEGLIGENT HIRING, SUPERVISION, AND RETENTION," he cites Iowa Code 70A, 80F, 21, and 91A. Chief Baker is seeking, " judgment against Defendants for relief including actual damages described herein, punitive damages, attorneys fees and costs, any other relief the Court deems appropriate under the circumstances."
Count Five: Violation of Iowa Code 21 - Open Meetings - he is asking the Court to "find a violation of Iowa Code chapter 21 occurred; void any action taken for which notice was not given; impose a fine against each council member who participated in the violation; and award reasonable attorneys fees and costs associated with enforcement of this action."
Count Six: Breach of Contract - Citing his contract with the city and failure to follow it, he is asking for " judgment against Defendants in a reasonable amount to be determined by a jury to sufficiently compensate him for his damages, for the costs of this action, and for any other and further relief which the court deems appropriate."
Below are two stories following this case.
Vinton Today - Urbana Police Department the first to fall under new Ordinance
Vinton Today - Urbana Residents Rally Behind Police Chief
Here is a copy of the filing:
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