Henry County Sheriff’s request for outside counsel denied

MT. PLEASANT — At last week’s Henry County Board of Supervisor meeting, the board unanimously voted against allowing Henry County Sheriff Rich McNamee to receive outside legal counsel as initially requested Nov. 7.

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“It is difficult for me to basically authorize funds, county funds, county taxpayer funds, to settle a disagreement … between the sheriff’s office and the county attorney’s office,” Supervisor Chair Greg Moeller stated.

He said that he read McNamee’s presentation for the board four times in the week between meetings and respects his view of the situation. McNamee specifically asked the board to approve a request for outside counsel to help with issues pertaining to the placement of one of his deputies, Carlos Lopez, on the Brady-Giglio list, and complaints filed against the county to the Iowa Public Information Board specifically claiming McNamee obstructed, delayed and failed to provide request documents.

This complaint was filed by an attorney representing the individuals arrested and charged with criminal theft, which Stater declined to prosecute due to errors in paperwork. These events eventually led to Lopez’s placement on the Brady-Giglio list, roster of law enforcement professionals deemed by county attorneys as potentially unreliable.

Moeller expressed specific concerns about the IPIB complaint moving forward to proceedings.

“If the county allows outside counsel, do we, as a county, if end up in court proceeding allow the court to decide the differences between the county attorney’s office and the sheriff’s office,” Moller said.

Supervisor White stated multiple times in discussion that he didn’t agree with how conflict was determined, but remained steadfast in his desire to follow the law as he understood it and it was explained to him.

“There are some things I don't agree with on the attorney side of it,” Supervisors Chad White said during discussion before the vote against McNamee’s request. “There are some things I don't agree with on the sheriff's side of it. That’s a rough spot in it. I feel I am obligated to follow the law as best described to me by the county attorney.”

While White also stated, “I don't agree with this, but I think it's what the law says. I think if there is a potential conflict of interest, it seems like there needs to be an outside review of that …” his also explained he understood the Attorney General’s Office and Iowa State Association of Counties did gives their opinions on the situation.

Confirming White’s thoughts, Supervisor Marc Lindeen stated that Iowa State Association of Counties General Counsel Kristi Harshbarger also recommended not approving McNamee’s request for outside counsel.

McNamee expressed his disappointment in the board’s decision calling it “unjust.”

“I cannot go to the county attorney for advice on something he started,” McNamee said. “He’s saying that’s not a conflict of interest, and I respectfully disagree with that. It’s that simple. I have to have legal counsel to give me guidance on this topic. I cannot go to the guy that started it for legal counsel on how to stop it. With that being said, with all due respect in return, thank you for your consideration, and the decision is yours.”

Comments: AnnaMarie.Kruse@southeastiowaunion.com