County, former employee settle federal lawsuit

Sally L. Becker, a former employee in the Clay County Treasurer's and Recorder's offices, filed a wrongful termination lawsuit against the county on Dec. 27, 2007, at the U.S. District Courthouse in Sioux City.

The sides reached an agreement following a 7.5 hour mediation session before a federal magistrate on Feb. 25.

"It was a reasonable settlement for both parties," Becker's attorney, John Roehrick of the Roehrick Law Firm in Des Moines said.

Attorneys were reluctant to comment because the parties have not officially signed off on the settlement agreement.

"It will be a full and complete release against all claims against all county officials and Clay County," said Storm Lake attorney Phil Redenbaugh, who represented the county's insurance carrier.

Becker claimed her First Amendment rights to support a political candidate were violated when she was fired from the Clay County Treasurer's Office on Jan. 2, 2007, and a second time, on Aug. 7, 2007, from the Clay County Recorder's Office.

Jan. 2, 2007, was also the day Sandra Geidl was sworn in to start her initial term as Clay County Treasurer. Becker and outgoing Clay County Treasurer Lavon Montgomery backed Geidl's opponent, Bill Zinn, during the 2006 Republican primary and general election.

Becker was told, according to the lawsuit, that Geidl "could not continue the employment of people in her new office who did not support her in her political campaign for that office." Geidl then called on Becker to resign. Becker refused, and was fired on the spot.

After Geidl was sworn in, she told the Clay County Board of Supervisors about the decision to dismiss Becker. As part of her explanation, according to Becker's lawsuit, Geidl told the board Becker "was not a team player" and that Geidl "could not have people that didn't support her" working in the treasurer's office.

"The general rule used to be that, when you come to work for an employer in the state of Iowa, you're an 'at-will' employee," Clay County Attorney Michael Houchins said.

Under those guidelines, employers can terminate an employee under a fairly broad set of circumstances, including incompatibility.

"Clearly, when someone is elected, they have the right to select their deputies and their employees as elected officials as long as it doesn't either violate a contract right with that employee or a public policy with that employee," Houchins said.

At some point between the time she was fired and May 7, 2007, Becker retained an attorney to investigate the legality of her dismissal. She spent time looking for another job, according to her lawsuit.

On May 7, Becker said she received an unsolicited telephone call from Clay County Recorder Shirley Goyette. Goyette, according to the lawsuit, told Becker she had a job opening in the recorder's office and encouraged Becker to apply.

Becker's lawsuit says the former clerk wanted to take the position in the recorder's office but said she cautioned Goyette that she had an attorney working on a potential lawsuit involving Geidl. The recorder's office and the treasurer's office are across from each other in the Clay County Administration Building.

"Goyette assured Becker that any such legal action would have no effect upon her employment at the recorder's office," the lawsuit said.

Goyette, on May 24, 2007, told board member Del Brockshus about her plans to hire Becker.

"Brockshus informed defendant Goyette that Becker could have the recorder's clerk's job if Becker would drop the lawsuit, but that if Becker kept the lawsuit going, the board would not allow Becker to have the recorder's clerk position," the lawsuit said.

Goyette told Becker the other members of the Clay County Board of Supervisors -- Ken Chalstrom, Burlin Matthews, Sylvia Schoer and Linda Swanson -- would have the same position. All five board members received an e-mail from Goyette about Becker's plans for a lawsuit. The board members, along with Goyette and Geidl were named as defendants in the Becker lawsuit.

Becker was still hired, on May 29, 2007, but her standing as a county employee began to change the following month, according to a time line in the court document:

* On June 6, Becker's attorney confirmed that a lawsuit was forthcoming stemming from Becker's dismissal from the county treasurer's office. The confirmation came in writing and was received by the Clay County Board of Supervisors.

* On June 19, Goyette took Becker to a supervisors' meeting for the purpose of introducing Becker as her new employee even though, the lawsuit notes, "Becker was already known to the board members before this time."

* On June 20 and continuing through the end of her employment Becker claims Goyette began a concerted campaign against her, which did not exist during Becker's first three weeks on the job.

Becker accuses Goyette of trying to "isolate, ostracize, harass, intimidate, ridicule, insult, nit-pick, criticize, and demean every aspect" of Becker's work as a clerk in the recorder's office. Becker claims she received similar treatment from other employees and officers in the Clay County Administration Building as well.

Becker said questions about her job were handled with scorn, that she was under "constant surveillance and scrutiny by Goyette" and that she was belittled in front of coworkers and the public.

She also accused Goyette of displaying temper tantrums toward her including slamming books, making excessive noise, acting angry and making negative and taunting comments to Becker. The behavior, Becker said was an attempt by Goyette to spark a "full-blown verbal exchange," which would allow the recorder to fire her clerk instantly for insubordination.

Becker received a written memorandum of job performance containing negative incidents of job performance on July 13. The negative incidents, according to the lawsuit, date back to June 20, 2007, which is the day after she was "introduced" to the supervisors by Goyette.

Brockshus called the recorder's office on Aug. 7. Goyette had the call transfered to the Clay County Auditor's Office. When Goyette returned to her office she summoned Becker to the vault in the recorder's office, handed her an envelope with her paycheck and told her "today is your last day here."

Becker, in her lawsuit, argued that the clerk's position on the treasurer's office does not require a political affiliation with a party or individual. Therefore she argues that she was fired for political activity done outside the scope of her job. The supervisors were named because they did nothing to block what Becker considers to be an unlawful act by Geidl and for conspiring with Goyette to make Becker quit.

"Becker, therefore, has unquestioned rights under the First Amendment to engage in political activity, electorally support those of her choosing running for elective county offices and to actively campaign for the election of Defendant Geidl's political opponent in the November 2006 general election," the lawsuit stated.

Houchins said Clay County is assigned to a risk pool by its insurance provider to decide whether to settle a case or not. The county has no say in the decision.

"It's my understanding the insurance company is adverse to risk and the settlement was a payment just to settle the case and to avoid, potentially, long-term litigation and potentially having to pay attorney fees, court costs and damages," Houchins said.

In the aftermath of the Becker complaint, the county has issued a directive to elected officials and department heads to consult the county attorney's office before firing an employee.