Henry County Sheriff asks BOS to approve outside counsel

MT. PLEASANT — Henry County Sheriff Rich McNamee went before the Henry County Board of Supervisors last week and presented a 30-minute written statement urging the supervisors to reconsider their decision to allow his office to obtain outside counsel in relation to recent concerns about Deputy Carlos Lopez’s placement on the Brady-Giglio list and public record request disputes.

McNamee’s comments to the board did not hold any punches as he clearly stated his opinion on what he claims is a conflict of interest causing controversy with the Henry County Attorney’s Office and his own.

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“Members of the board, I speak to you today on a somewhat complicated matter, a matter that has been continuously and tenaciously spun into controversy by the county attorney,” he began. “I don't believe I need to be here making a request. However, I am here making a request in the interest of helping to simmer controversies and calm controversies between my office and his and establish clarity that will restore some measure of peace within the county government.”

Through four points, McNamee argued his position on obtaining outside counsel, the determination of the existence of conflict, and the county attorney’s power.

McNamee shared various instances of counties using outside legal counsel outside of proceedings, such as obtaining an outside opinion, and that his understanding of Iowa Code 331.754.4 allows for this. Additionally, McNamee stated that the Brady-Giglio decision, public record requests, and complaints to the Iowa Public Information Board are not part of a proceeding and that the code, therefore, does not restrict the ability to use outside counsel in this instance.

As far as the expense of using an outside counsel, McNamee says that the financial burden would remain on his department’s budget, not the overall county budget. He further stated that this is a common practice in counties throughout Iowa.

“Third, in such cases where there's a conflict of interest, the Board of Supervisors, you three gentlemen, gets to appoint outside counsel,” McNamee said. “This power may have some degree of discretion as 331.754.4 does not use the word shall. I would argue that if the department head raises any reasonable concern about the need for counsel in a conflicted case, then the Board of Supervisors, you guys, should grant that appointment.”

McNamee then rebutted Henry County Attorney Darin Stater’s claim that conflict did not exist in his address of the Board of Supervisors in June. McNamee argued that an attorney may excuse themselves when they determine they do have a conflict, but “in declaring he does not have a conflict of interest, an attorney is subject to outside authority.”

McNamee raised questions about the Board of Supervisors following the County Attorney’s opinion on matters as the final word.

“Finally, though there is no pending proceeding, I do not think my need for outside counsel has gone has gone on long enough has cost enough, personally for me and the conflict is so obvious, I request that you guys, the Board of Supervisors of Henry County approve my hiring of outside counsel by resolution, so that the counsel’s bill subsequently to this meeting will be approved for payment by the County, knowing that those amounts will be subtracted from my annual budget.”

In response, Supervisor Greg Moeller told McNamee, “What is between your department and the county attorney’s department is not our business.”

Supervisor Chad White stated that he agreed no individual is “100% right all of the time,” and asked if the board could use an outside source to help determine next steps.

The board did not make a decision on next steps in this disagreement, but did discuss reaching out to Iowa State Association of Counties and Iowa Communities Assurance Pool for advice or insight. With no decision reached, McNamee agreed the board should look into issue further and asked for the topic to be placed on the agenda for the next meeting on Thursday, Nov. 14.

Comments: AnnaMarie.Kruse@southeastiowaunion.com