County Auditor, deputy auditor take the stand [The Oskaloosa Herald, Iowa]

Feb. 01--OSKALOOSA -- Mahaska County Auditor Kay Swanson believes there's a "big mess" in regards to the trial of County Supervisor Henry "Willie" VanWeelden on charges stemming from his attempt to reinstate his wife on county health insurance.

Swanson and Deputy Auditor Sue Brown testified Wednesday afternoon in Mahaska County District Court. During the morning, formeeer Auxiant official Tom O'Brien testified about his company's role in administering the county health plan.

VanWeelden faces three charges: first-degree theft, felonious conduct in office and tampering with documents. The charges are in regards to VanWeelden placing his wife, Bonnie, back on county health insurance coverage after he was reelected in November 2008. She was covered initially after VanWeelden was elected in 2001. She was removed in 2004 and then was reinstated in early 2009 after VanWeelden was reelected in 2008.

As county auditor, Swanson's office handles items such as budget and payroll. Swanson said Brown handles the payroll and if someone wanted to add a dependent onto their insurance, they would have to see Brown.

During the trial the issue of whether "newly elected" officials are the same as "reelected" officials in regards to whether there needs to be any underwriting for adding a dependent to health insurance.

Swanson believed that newly elected was the same as reelected. She said that the question of the meanings of "newly elected" vs "reelected" had never come up before while she has been auditor.

Earlier in the day, prosecutor Becky Goettsch asked O'Brien if the two terms meant the same thing.

"It's not spelled out in the language of the plan," he said. "It was a gray area."

Goettsch submitted three 2008 letters from Auxiant to VanWeelden stating that his wife, Bonnie, had been denied coverage due to health reasons.

Goettsch said VanWeelden had submitted a Jan. 16, 2009, letter -- on Mahaska County letterhead -- to Auxiant to put Bonnie VanWeelden on the insurance plan.

O'Brien said he assumed the supervisors had discussed the matter and voted to approve it, so Auxiant added VanWeelden's wife.

Swanson said she had no knowledge of the letter. If she had, Swanson said she would have brought it to the attention of the board chairman or all of the supervisors.

When cross-examined by defense attorney Matt Moore, Swanson said she was "somewhat confused" about why VanWeelden was being charged.

Moore submitted the April 6, 2009 meeting agenda where an agenda item was "addendum for health insurance."

"No action was taken on it," Swanson said. It was tabled, she added.

Moore asked if the addendum would be in regards to adding Bonnie VanWeelden. Swanson said, "that'd be the same."

Swanson also testified that a monthly expense summary is distributed to all department heads outlining expenses such as health insurance costs and what remains in that budget line item. She said former Supervisor Lawrence Rouw and Supervisor Greg Gordy are meticulous about the budget -- line item by line item.

Brown testified that VanWeelden had come to her in January 2009 to begin deducting money from his paycheck to cover the addition of his wife to his insurance coverage.

Brown testified that in her time as deputy county auditor, the debate between "newly elected" and "reelected" had never come up. She also said that neither Rouw or Gordy raised any questions about health insurance expenses or the number of family insurance plans the supervisors had.

The prosecution called Department of Criminal Investigation agent Tony Birmingham to testify after Swanson and Brown. Birmingham was the last witness of the day.

Birmingham testified about his interview with VanWeelden on Dec. 7, 2010, and a 43-minute audio recording of the interview was played for the jury. Birmingham said his role was to gather information for the Iowa Attorney General's office.

During the interview with Birmingham, VanWeelden said that he told the other supervisors that he would put his wife back on his health insurance, and "they didn't have a problem."

Birmingham said that would have to have a board vote.

"I asked for it," VanWeelden said.

Birmingham said the matter was brought to the county attorney's office about someone submitting a letter under false pretenses.

"It was not a false pretense," VanWeelden said.

Birmingham read the Jan. 16, 2009, letter and said there was not board vote and it wasn't in meeting minutes.

VanWeelden said Bonnie's insurance was budgeted for.

Birmingham later asked why not make it official with a vote?

"I don't know. They were fully aware of what's going on," VanWeelden said.

VanWeelden said he thought "everything was good."

Birmingham asked how things could be "good" if there was not a vote.

"Let the process work," VanWeelden said.

At the end of the interview, VanWeelden said there was no intended fraud. "No intent to circumvent the system," he said.

Cross-examination of Birmingham will begin Thursday morning at 9 a.m.

Watch the Herald for more information on the VanWeelden trial.

A criminal charge is merely an accusation and VanWeelden is presumed innocent until and unless proven guilty.

Herald Editor Duane Nollen can be reached by email at [email protected]

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