Henry County Supervisors approve sheriff’s outside legal counsel request

MT. PLEASANT — The Henry County Board of Supervisors voted 2—1 on June 12 to authorize Sheriff Rich McNamee and three members of his staff to use outside legal counsel during depositions related to the Iowa Law Enforcement Academy’s (ILEA) decertification proceedings against former deputy Arturo Perez.

Supervisors Steve Detrick and Chad White voted in favor, while Supervisor Marc Lindeen voted against the motion, citing concerns over commitments of taxpayer funds.

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McNamee told the board that he, Chief Deputy Jesse Bell, former Chief Deputy Chad Doak, and dispatcher Renee Zalma were subpoenaed to testify on June 19 and 20 in Des Moines. He said the depositions are part of the ILEA’s administrative case regarding Perez’s potential decertification as a law enforcement officer. McNamee has long argued that the Henry County Attorney’s Office cannot represent him or his staff fairly due to a conflict of interest.

“There’s a bona fide conflict of interest here, and I understand Mr. Stater disagrees with that, and I respect his opinion. I just disagree with it,” McNamee told the board.

McNamee cited what he sees as a personal relationship between Assistant County Attorney Blake Vierra and former deputy Perez as the basis for his concerns. He also claimed that during an April meeting, County Attorney Darin Stater told him that his primary role was to protect the county from liability, not to act as personal counsel for the sheriff or his employees.

Stater later clarified that characterization. In comments reported previously, he said his office would represent the sheriff and staff in their official capacities when appropriate. He emphasized that while his role does not include acting as private counsel, he would attend the depositions to ensure legal procedure is followed.

In a June 5 update, Vierra informed the board that Stater would attend the depositions “to essentially ensure that the rules of civil procedure are going to be followed.”

He noted that the sheriff and his staff are not parties to the case.

“Those witnesses don’t typically have attorneys. They don’t need attorneys in those cases,” Vierra said, likening it to a criminal trial where a witness testifies to what they saw.

At the June 12 meeting, Assistant County Attorney Steve Giebelhausen supported that view.

“In 32 years I’ve been practicing law, and I’ve done hundreds of depositions, I’ve never had a witness bring their own attorney,” he said.

He explained that only attorneys for the parties in a case can object to questions during a deposition.

“The witnesses don’t get to object to questions,” he said. “Their attorney wouldn’t get to object to questions.”

Nonetheless, Giebelhausen acknowledged that under newly enacted state law, the Board of Supervisors had the authority to approve outside legal representation.

“Just to clarify, Mr. Detrick, it doesn't even require a conflict now, under that new house file. It just gives you that power,” he said, referencing House File 862, signed into law by Gov. Kim Reynolds on May 19 which explicitly allows boards of supervisors to approve outside counsel for county officers at their discretion.

Supervisors cited the legislation in supporting the sheriff’s request, while also emphasizing their responsibility to monitor public spending.

Vierra reiterated that the sheriff’s office and its employees are witnesses in a matter between the State of Iowa and Perez, not parties.

“It’s like if you were driving down the road and saw someone swerving and later got called as a witness — you wouldn’t need an attorney in that case,” Vierra said. “You’d attend, give information about what you saw or heard, and then you’d be done.”

Despite those assurances, McNamee expressed frustration with a prior deposition experience in which he said he was asked questions about his childhood and unrelated personal history. He said he understood that having counsel present would mean they could challenge irrelevant questions.

“I’m surprised they didn’t ask how many pepperonis go on a pizza,” he said, referring to his past employment at a pizza restaurant.

While Supervisor Chad White ultimately supported the decision to allow outside counsel in this situation, he raised many questions about the need for representation.

“You’ll be under oath. You’ll have to give your answer anyway, right?” he asked.

McNamee responded that his attorney had advised him that he could be protected from irrelevant or off-topic questions.

White also asked McNamee when the need for outside counsel would end.

“When the conflict of interest ends,” McNamee replied. “I don't know the answer to that. If I did, I'd be a really intelligent man.”

White emphasized financial oversight but ultimately supported the motion with conditions.

“I guess I’m trying to get away from just having a blank check written to a group of attorneys,” he said.

He urged that all four individuals be represented by the same attorney, if possible, and that all costs be covered within the sheriff’s existing departmental budget.

McNamee said he would consult with Ellis Law Firm, which has advised him since July 2023 at his own expense, to see whether they could represent all four individuals.

“There’s been a blank check since last July — and I paid it,” McNamee said. “I’m protecting Henry County with my own funds.”

Supervisor Steve Detrick, after asking logistic and budget-related questions, ultimately supported the request.

“Find the money within your budget,” Detrick told McNamee. “Figure it out. That’s my response.”

Supervisor Marc Lindeen remained opposed and voted against the motion. With support from White and Detrick, McNamee’s request was approved.

Comments: AnnaMarie.Kruse@southeastiowaunion.com