News : Former Board of Health files lawsuit against Benton County Board of Supervisors

In papers filed on Monday morning, members of the former members of the Board of Health have petitioned the court regarding the termination of the board members.

The petition cites Iowa Code 21.6 which can be read HERE.

In the action, the "Plaintiffs request the Court to issue an order declaring that any personnel action and resulting from unofficial closed door meetings or other means are in violation of Iowa Code Chapter 21, and specifically restraining and enjoining Benton County from taking any personnel action regarding the named Plaintiffs and from appointing any new or replacement board until this Court has had the opportunity to rule on this case."

As part of the background for this case. it includes the following:

12. The BOH Chair received a letter from VGH dated March 1st, 2023 terminating the contract for public health services effective June 30th, 2023.

13. In the ensuing months the BOH explored multiple options for how to fulfill the mission of the department, including subcontracting the services out to other counties. Ultimately the BOH decided to proceed with a county-based system set within its current structure. E-FILED 2023 NOV 20 8:30 AM BENTON - CLERK OF DISTRICT COURT 4

14. BOH reviewed two possible structures for Environmental Health (EH) and Public Health (PH), and on April 26th, 2023 chose to combine EH and PH under a single administrator.

15. On May 1, 2023 the BOH presented options to BOS regarding structure options, explaining that having two separate administrators will cost the county more money . At the end of the meeting the BOS say they plan to go into closed session the following day so they can discuss without the BOH present.

16. The next day (May 2) the BOS made good on its threat, met and went into closed session with EH employee, exited the closed session, and immediately voted on BOH structure to have two administrators-the structure not favored by BOH due to the increased cost.

17. On May 3, BOH chair Mangold emailed and called the Benton county attorney and express her concern over the closed meeting violating Iowa Code chapter 21.

18. The county attorney, Ray Lough, told Mangold he would not tell her anything that was discussed during the closed session.

19. The BOH met on May 4 believing the BOS will only provide funding if the BOH proceeds with continuing to have separate administrators for Public Health and Environmental Health. Eventually, the BOH chooses to adopt the structure favored by the BOS but warns BOS the BOH will need more money for a second staff when budget amendment time rolls around.

20. Over the ensuing months, after an extensive search, the BOH hired Grace Petrzelka as executive director.

21. June 30, 2023 was the last day for VGH to provide PH services to Benton County.

22. The county-based system under the new executive director began July 1.

23. The BOH met on Sept 6 and discusses a budget amendment ultimately deciding it needs more information.

24. On September 8 the BOH reviewed the budget amendment and approved the official funding request of the BOS.

25. On September 19 Petrzelka and Mangold presented the budget request to BOS who made no requests for the budget to be cut, altered, amended, or reduced.

26. On Sept 26 the BOS met with Benton County HR director and Barb Greenlee, joint BOH/BOS employee. Ms. Greenlee is the Deputy Administrator of Land Use and Environmental Health. The BOS cited Iowa Code section 21.5(i) but the minutes suggest that the BOS improperly went into closed session.

From October 3 through October 6 certified letters were sent to BOH members. citing the BOH termination and later clarifying the reasons.

30. On October 24, the BOS met in closed session again.

Following this meeting, the BOS issued a statement claiming a 130% increase in the BOH budget as the reason for the termination.

As a result of the lawsuit, the BOH is requesting that legal fees be paid, and if it shown that the Iowa Code has been broken, will require the payment of a fine from each supervisor of $100 to $500 for breaking the law.

The Board of Supervisors has an agenda item for tomorrow to appoint a new Board of Health.

A hearing has been scheduled for the former board on November 28.

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The Petition and Original Notice have been accepted by the Court. The Case Number is: LACV010710