Request from former board of health for legal representation is denied by supervisors

By Jim Magdefrau

VINTON – The Benton County Board of Supervisors voted to deny providing legal representation for terminated members of the board of health at their Tuesday, Nov. 7, 2023, meeting of the supervisors at the service center in Vinton.

The supervisors had voted to terminate members of the health board in October.

Maggie Mangold requested approval for outside legal representation for terminated board of health members. She was a former chair of the board of health. She said they have an upcoming hearing with all issues about the former board’s removal. Mangold said they do not feel the county attorney could represent their best interests. She also said they feel there is a conflict of interest since the county attorney represents the board of supervisors.

A hearing has been set for Nov. 28 at 1 p.m.

Tim Dille, assistant county attorney, met with the board by phone and advised there is no requirement that the board of supervisors are to appoint an attorney to represent the former board of health. He said they are not a county entity at this point. They are citizens of the county. There is nothing requiring that this be done, Dille said. If they were still a sitting board, the supervisors would have an obligation. 

“Who is your current board of health then?” Mangold asked. Supervisor Richard Primmer said this is on the agenda for next week for discussion and approval. 

She asked if the supervisors were allowed to appoint a board of health pending the hearing. 

“Some of the  hoopla has been that we haven’t had a board and we need to get one appointed,” Primmer observed. 

Mangold stressed, “You have a capable board of health.” She added the supervisors have changed their reason for termination three different times.

Dille stressed this matter is not on the agenda and it shouldn’t be considered by the board at this time.

Mangold responded that the former board of health felt they were not terminated legally. “We feel as though we are entitled to some legal counsel,” she said.

“That’s your request,” Primmer said. “Based on our advice, from Heartland as well as our county attorney’s office, we’re going to deny that request.”

The board then voted for the denial of representation.

Other business

The board approved the purchase of a replacement vehicle for the detective, as recommended by Sheriff Ron Tippett.

A quote was presented by 3D Kitchens to remodel the treasurer’s office. They are working on the counter space and motor vehicle side of the office. Treasurer Melinda Schoettmer said it needed to be updated for a while. She added she had money in her budget set aside to do this. The quote was approved.

A resolution was approved to hire a full-time equipment operator for secondary roads. Caleb Stieferman applied for the position. He was hired at $25.25 per hour, starting Nov. 13. 

Engineer Myron Parizek said a “Rock Ends” sign is coming from the Department of Transportation for the Highway 30/Highway 218 intersection.

He also talked with the board about lighting at intersections on Highway 30, and flashing light at the intersections, particularly the Blairstown/Van Horne corner.

Question for chairman

Doug Cook, Vinton, said in the public comments part of the meeting that his concern was with Tracy Seeman, board chair. He asked Seeman that in light of recent events that have happened, and payments that have been named, that if he feels he should stay on the board.

“Yes,” Seeman replied. Cook asked why.

The county recently reached a settlement with a former sheriff’s deputy for $250,000 on a harassment claim.

Primmer stressed, “I really don’t feel that this is appropriate. He is an elected official. He was elected by you the public. There is a method, from what I understand, to go through.”

Primmer added, “He knows that he did wrong. As a county, you know, we paid unfortunately dearly. But it could have been a whole lot more. So Tracy has done a lot for this county people don’t know about, and has saved this county at least that amount of money in the construction of two buildings, acting as general contractor.”

Primmer concluded that Seeman’s comment that he intends to stay on is sufficient.

Meeting video

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