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Public shows support for Henry County Sheriff
Sheriff Rich McNamee’s request for payment of outside legal counsel is denied once again
Southeast Iowa Union offers audio versions of articles using Instaread. Some words may be mispronounced.
MT. PLEASANT — The Henry County Sheriff’s Office remains at the center of a contention in the county, as Sheriff Rich McNamee faces continued roadblocks in his fight for outside legal counsel to represent himself, Deputy Carlos Lopez, and his office in matters concerning public records requests and Lopez’s placement on the Brady-Giglio list.
McNamee returned to the Henry County Board of Supervisors last week to hear their answer to his repeated request for payment of outside legal counsel. Despite overwhelming public support, the Henry County Board of Supervisors once again denied the request, intensifying tensions between the sheriff and county officials.
The latest rejection came during a Board of Supervisors meeting on Feb. 6, where McNamee reiterated his need for outside counsel due to what he called a “clear and concise conflict of interest” within the county attorney’s office.
“So last week I came in and I read you guys a statement about the Iowa Public Information Board moving forward with proceeding pertaining to FOIA requests we had at the sheriff's office, and as part of that, I will need counsel going into that hearing,” McNamee told the board. “Therefore, I was asking again for outside counsel. I asked to be on the agenda today to receive a response to that request.”
Despite his plea, the board stood firm in its opposition.
“On Nov. 24, 2024, the Board voted 3-0 to disapprove the request of outside counsel. My decision has not changed,” said Supervisor Marc Lindeen.
Supervisor Chad White echoed the sentiment.
“Rich, we've talked about it,” White said. “I've read and reread and reread again. I still have to stick with my no on the funding.”
In response, McNamee stated he was sorry to hear that from the supervisors and thought it was a bad decision.
While Supervisor Steve Detrick abstained, citing a lack of clarity on the legal matter, Assistant County Attorney Steve Giebelhausen firmly asserted that the law does not permit outside counsel unless the county attorney is removed from the case.
“The county attorney is the attorney for the Sheriff's Office,” Giebelhausen stated. “The county attorney stands willing to proceed and do his duty and represent the sheriff in this. The law doesn’t allow for outside counsel unless the county attorney has been taken off the case. So therefore, there's really no issue here.”
McNamee pushed back, reminding the board that he had previously provided extensive legal documentation outlining exceptions to the law in support of his request.
“I do not feel that the county attorney's office can adequately and fairly and unbiasedly represent me and my office in this matter,” he said.
The Board ultimately denied the motion, with White and Lindeen voting against it and Detrick abstaining.
Adding another layer to the conflict, John Siegel of the Henry County Compensation Board addressed the supervisors about what he described as the county’s failure to comply with Iowa law regarding sheriff salaries. Siegel argued that under the 2021 “Back the Blue” law, the board was required to raise McNamee’s salary to be comparable with city police chiefs and state law enforcement command officers.
“The Compensation Board failed to show its work and is legally deficient,” Siegel asserted. He provided documentation showing that McNamee’s salary falls significantly below that of comparable law enforcement officials, citing police chiefs in similarly sized cities such as North Liberty ($155,000) and Altoona ($192,000).
“If you compare any of the sheriff’s salaries that have a population anywhere close to Henry County, Rich would be substantially below the supporting counties,” Siegel added.
Though the issue of McNamee’s salary was not up for a vote, the board took Siegel’s concerns under consideration.
The meeting also saw impassioned public comments from community members rallying behind McNamee. Linda Raub, speaking on behalf of several absent supporters, expressed her frustration with the ongoing situation.
“There was going to be a lot more people here, but we had a school delay and the weather. A couple wanted to make sure that you knew they would be here if they could,” Raub said, referencing supporters Angie Walderbach and Natalie McDowell who had created a sign with their faces on it backing the sheriff.
As Raub expressed her dissatisfaction with the situation, she also pointed to donations made via Venmo by members of the county attorney’s office to the legal defense fund of Deputy Carlos Lopez, who has been placed on the Brady-Giglio list.
She called the donations a conflict of interest, saying, “That right there is a conflict of interest. It’s antagonistic, it’s bullying, it’s unacceptable.”
Beth Lopez, wife of Deputy Lopez, added, “All of that money was sent to me during work hours. Why? All the county attorney office employees were at the courthouse, in their office, getting paid with taxpayer dollars. That is my issue here.”
These donations came to Carlos and Beth Lopez among many that they found sincere since beginning a campaign to raise funds last year. In exchange for donations to cover legal fees that Lopez and McNamee have paid for out of pocket, supporters receive a yard sign display stating that they support the Henry County Sheriff’s Office.
“We are asking for support from the citizens of Henry County, family and friends,” Beth Lopez wrote in a post on social media explaining the fundraising efforts. “It is time we all stand together, standing for integrity, truth and what is right for Henry County.”
Following the meeting, McNamee made it clear that he would not be backing down.
“I intend to meet with my attorney today and see if we can move forward on this,” he said. “I think there’s a terrible injustice in there. I think everybody in the room, except for the two people that voted on it, felt there was an injustice.”
While disagreements between the Sheriff, Board of Supervisors, and Henry County Attorney Office continue, McNamee’s allies remain determined to ensure he receives fair treatment and proper legal representation, while the Board of Supervisors maintains that they are simply following the law.
Comments: AnnaMarie.Kruse@southeastiowaunion.com
