Dear Editor,
On September 16, 2022, I interviewed for a position with the county as the Roadside Manager. There were three interviews held that day and three the following Monday, September 19. On Friday the 23rd, there was an apparent committee meeting and they decided to hire George "Wes" Haefner.
On the morning of September 27, Josh Svoboda received a call that he was not hired for the job. Kirsten Nelson, the Human Resources Director (HR) stated to him that they were going to hire George because he had more experience. Later that day I received an email that stated they narrowed it down to 3 and I was not one of the three. So, she lied to me.
On September 28 I spoke to the county attorney as to my concerns and he stated that they had decided on Friday to hire George but I would be a good candidate to replace George as his assistant.
On September 29 the County Board of Supervisors went into a special closed session. They never came back on video to close the meeting, so they must have hired him.
On October 4 they backdated his hire date to September 26 which must’ve been his acceptance of the offer.
Per Iowa code 35c.3 I waited the required 10 days for the public record to be available and sent to me. On October 11 I went to the board of supervisors to ask for the documentation for why I was not hired. I tried several times to get them to tell me why or produce the documentation. They said HR would have it so I excused myself and went to the HR office to ask for the documents.
I saw the sheriff in the hallway and asked him to escort me to HR and stand in the hallway to ensure there were no improprieties and that I would not be going into her office. (I did not know at the time that this was Sheriff Tippett.) I knocked on the door, but there was no answer. I knocked again she yelled that she was in a meeting. I then tried her phone, and she wouldn’t answer 15 seconds later Supervisor Seeman called her and she said she was in a meeting and it would be an hour.
I said that was fine as I had the whole day. I then tried the county attorney thinking he could send me the documentation, and his secretary stated that he was unavailable all day.
I spoke to George in the hallway and told him it was nothing personal, and that the problem I had was with the hiring process. We had a good conversation about the equipment he was requesting and its suitability for his job.
During this time, I walked the hallway and chatted with the sheriff. HR came out into the hallway to get George and so I asked her for the documents. She said, "no." I said, "It will only take a minute to print it out..." and she said I was rude and disrespectful.
She also posted a sign on her widow that said ” I am in a meeting.“ 15 minutes later County Attorney, Dave Thompson showed up, so I questioned him about why he was unavailable but yet here he is. He stated that HR had called him and said she was in fear because there was a "crazy man" beating on her door.
Meanwhile, the sheriff was beside me the whole time
Thompson proceeded to call me "irrational." I produced my copy of Iowa Code 35C and stated I was simply here to get my copy of the documentation of why I was not hired.
He said, "not today." I informed him that is a matter of public record and to please let me have a copy. He said, "not until tomorrow after she meets with her attorney."
I also reminded the county attorney that HR had said in the interview that we would be notified once an offer had been accepted. At that time, during the interview, the county attorney proceeded to surmise 35C to me which I felt was not accurate.
I kept my mouth shut at the time, but did specifically ask that if I was not selected for the job, I would like to have an explanation as to why so I could improve my interview skills; which is part of the job interview 101 class at my college.
Back to the discussion in the hallway, David Thompson who knew that I was a veteran called me "unhonorable" and said that he should know because his father was a combat veteran. I was furious but I kept calm.
I stated that I was also a combat veteran with 22 years of service. If he had bothered to research my veteran status, he would have seen that not only do I not only a Combat Action Badge, but a Bronze Star, and a Purple Heart as well.
County Attorney Thompson then asked Sheriff Tippett to escort Ms. Nelson out and instructed Sheriff Tippet that if I tried to stop her then he should arrest me. I explained that I would never detain anyone. But I asked if I could speak with her on her way out. The sheriff said, "of course," he couldn’t stop me from speaking but he would rather I didn’t. So I didn’t. However, Ms. Nelson, the HR director for the county, yelled something at me as she exited.
Keep in mind, until the job interview, I had never met County Attorney David Thompson or HR Director Nelson.
I showed my phone history to Supervisor Gary Biershenk and Sheriff Tippett so they could see I was not harassing anyone I just wanted the documentation.
I feel that this was all a tactic used because they were out of compliance with 35C and this was a way to delay until they could make up a document.
I notified my boss concerning the events that had unfolded, he told me that Ms. Nelson had already sent him an email inquiring whether I was at work today or if I had the day off. This was a clear attempt at retaliation as the HR Director does not manage time cards for any employee in the county.
At 4:05 p.m. on October 11 she sent me an email to see if we could meet at 2:00 pm the following day. I did not feel comfortable meeting with her without both an officer and my attorney at my side.
At this time, we are in litigation, over paperwork.
Sincerely,
Kevin Atkinson
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Editor's note: I don't remember that being said. I believe that fines collected a portion might go to that office but the remaining goes into the county budget and is divided in several directions. The county attorney's office does put the work into collecting these fines so in my mind a bit going in that direction isn't a bad suggestion. Just my 2 cents.
"Ma'am,
I'm not sure who you are but since you asked. It's the first amendment to the constitution. The same constitution that Mr. Atkinson and I swore an oath to protect and defend.
There is no way a person who had to rely on his Grandfather being on the county board is more qualified than a veteran who served our nation honorably. Do you make your statement on his qualifications based on your time in the military? There are 98 other counties in Iowa, 49 other states so why did this person have to come to Benton County to get an internship and turn it into an easy job transition? Because his Grandfather is on the board! That tells me all I need to know about him. By the way, Mr. Atkinson appears to have much more experience than the Grandson. What he doesn't have is the good ole boy connections.
Mr. Atkinson experienced more challenges, shouldered more responsibility and displayed more leadership before lunch on a duty day than the Grandson has in his entire life. I'm sure he's qualified to lead a county department which maintains ditches. I state this based on 33 years experience with the military.
I see that you work for the county attorney who obviously took steps to deny this veteran the rights he earned serving his nation. Now the county attorney is being misleading in his defense of the hiring action. I wonder what your fellow county citizens will think when I post that one of his underlings is telling people to stop commenting on events in their hometown. By the looks of the many comments on the article on Vinton Today, I don't think they would think it is appropriate."
I don't know this person from Adam and take no pleasure in throwing her under the bus but I think the people of the community should know this is the legal representation you have in your county. Bottom line: any Veteran is my brother or sister; our nation has been at war for the past 20+ years and all but 1% of our population sat out the fight. Benton County is going to begrudge Mr. Atkinson his right to preference in obvious disregard for the law? So that someone's grandson can slip into the position. Is that really what we have become? I hope not. Oh, and where is the local VFW and American Legion -- they are supposed to advocate for our veterans.
It would appear that HR has no working knowledge of the law when it comes to hiring or NOT hiring veterans.
It appears that the county attorney doesn't know the law, which caused this mess. No knowledge of the Nepotism laws, no knowledge of providing paperwork. According to him, the hiring committee on which he served UNANIMOUSLY approved this hire. So he approved breaking the law and now wants to blame the supervisors for going with his suggestion to break the law as part of this committee.
If the woman in HR was soooo concerned for her safety, rather than calling 911, who was in the hallway, why did she call the county attorney. Sounds like a drama queen. Is the county attorney her bodyguard rather than doing his job at the courthouse? Didn't we hire him to deal with legal cases and NOT protection?
The county was beyond the 10 days REQUIRED BY LAW and didn't intend to do anything until the veteran attempted to get legal assistance to retain his documentation.
How much HAS the county paid because the county attorney, who SHOULD know the law didn't make sure the law was followed?
If you didn't use the word "unhonorable" which derogatory word did you use on one of our veterans? Everyone has seen how you, the county attorney treat people in your path. Why would we believe that you were civil to a veteran who had been FORCED to beg you for papers that YOU knew or should have known that the county needed to provide? I'm not buying what you're selling.
A veteran who has worked faithfully for the county, been injured in the line of duty, should not have to fight for a better position when he is just as qualified. The law says if they are qualified, not MORE qualified.
YOU were on the hiring committee who UNANIMOUSLY recommended this hiring.
YOU recommended a case of nepotism.
YOU recommended NOT hiring a veteran.
YOU didn't make sure the paperwork was available required by law to the veteran.
YOU should pay the veteran's legal fees.
YOU say you "never cast any disrespect on his honorable service" yet you did everything you possible could to make SURE this veteran was disresepcted.
YOU, the man with legal knowledge, created this legal mess at the very least.
The right thing to do would be to give this veteran his job. He should NOT be forced to go through this again with any of you. If his dream job is managing this department, make him the lead. He is most qualified to LEAD. Then do as Rick Primmer suggested in the Aug. 30 meeting pay him as much as the sheriff.
The ONLY qualifications this veteran lacked, was the proper DNA. The political smoozing. The finesse to land a job where politicians decide his fate.
Give the guy a bonus for dealing with this, and standing unafraid against everyone who SHOULD be standing FOR him.
County employees understand how this works, but live in fear of losing their jobs. Talk to one. They all get why this veteran wasn't hired. The veterans just didn't believe it could be so. Put the guy in and see what he can do. I'd bet money that this guy could find more men wanting to work with him, which is a requirement for a "manager position" than the anointed leader can. DNA is not a job qualification, but it is a disqualification according to the law, WHICH grandpa approved. Even if grandpa quits, the grandson was not hired properly.
I hope the county pays ALL the legal fees and docks it from the county attorney's paycheck.
This is shameful!
First, Mr. Atkinson has never been treated with anything but respect by me, Benton County and our County Human Resources Director.
I greatly respect his service to our nation and I told him that in his job interview and in the aftermath of the Board of Supervisor meeting held on Tuesday, October 11th.
On October 11, 2022 I received a phone call from the Benton County Human Resources Director asking for my assistance as Mr. Atkinson was outside her office door and was refusing to leave unless she answered his questions and provide him additional information regarding his recent job application. She informed Mr. Atkinson that he would be provided an answer no later than the next morning as she wanted to involve the attorney Benton County regularly uses for human resource issues and questions. Our Human Resources Director further advised me that she was concerned for her safety due to specific circumstances present at that time. She asked if I could stop over and I said I could.
Upon arrival Kevin Atkinson wanted me to answer his questions and I told him what he had already been told -- that no later than the next morning he would be contacted by either our HR Attorney, our HR Director, or both.
Upon entering the office of our HR Director I found her to be both frustrated and in a state of fear as Mr. Atkinson was outside her office door and he kept stating he would not leave until she answered his questions. Agsin, he had been told multiple times that she was going to talk to counsel first.
Mr. Atkinson deserves to have his questions answered (and they will be answered) but I think most people will understand that when an individual states, implies or acts like he may contemplating litigation against the County our procedure has always been to seek the advice of legal counsel. That is standard procedure. I personally explained this multiple times to Mr. Atkinson.
I then informed Kevin Atkinson that our HR Director would be leaving and I asked Sheriff Ron Tippett if he would escort her to her vehicle. Mr. Atkinson stated that he would follow her to her car and continue asking her his questions until she answered them. Again, I explained our County proceedure and that he was scaring the HR Director. Eventually he apologized and stated he was sorry and that he did not mean to scare anyone and I believe him.
All this being said, in his letter he attributes many quotes to me-- he does not accurately quote me a single time. Further, he makes several statements that he asserts as fact are not correct or states in only a partially correct manner.
I never said he was "unhonorable". He was never referred to as a "crazy man" nor was he called "irrational". I never insulted him or cast any disrespect on his honorable service to our nation. Our HR Director did not lie to him and she did not treat him with any disrespect.
Our Human Resources Director is a skilled professional who has conducted herself with professionalism and honor at all times in respect to the hiring process in question and Kevin Atkinson.
A few last points:
1. The Veteran's Preference Statute only applies if a veteran is at least equally qualified as another finalist. In this case Mr. Atkinson was not in the final three for the position; hence Chapter 35C does not apply. Simply, he was not a finalist.
2. The hiring committee did not hire anyone. They only made a recommendation to the Board of Supervisors.
3. The Board of Supervisors made the hiring decision.
4. There has been much discussion about a nepotism violation by the Board in this hire -- the Board has complied with the nepotism law (Chapter 71 of the Iowa Code). I was asked to research this issue and I did, and I confirmed my research with the Iowa Attorney General's Office. The Board had all options in front of them and the Board proceeded in a manner that is not nepotism. I get it-- many people disagree with the Board's decision, but it was their decision to make.
5. The hiring committee unanimously recommended the hire of the individual who the Board hired.
6. Contrary to what Supervisor Bierschenk said in Ocober 11th Board Meeting he had the resumes of all applicants and the Veteran's Preference issue was discussed in the hiring committee meetings and in Mr. Atkinson's interview.
7. Mr. Atkinson has an attorney that is working with our HR attorney.
Respectfully submitted,
David C. Thompson
Benton County Attorney