Pottawattamie County HR director is being paid $112,000 to not work for 11 months

Pottawattamie County's human resources director has resigned but will continue to draw a paycheck and receive health insurance benefits through next June.

Jana Lemrick's last day was Aug. 1, but county taxpayers will keep paying her an estimated $112,000 over the next 11 months, as well as covering the county's portion of her health insurance premium and contributing to her retirement pension.

Lemrick is also temporarily retaining a badge, keys and laptop, despite no longer having any job duties, according to an email she sent to county officials.

"Jana is technically on administrative leave with pay during this transition time," County Attorney Matt Wilber said in an email.

A separation agreement was approved July 8 by the Pottawattamie County Board of Supervisors, according to minutes of the meeting following a closed session. The agreement was formally signed July 17.

Separation follows removal of engineer

Lemrick's long-term leave, from which she won't return to the office, follows the controversial decision to not renew the contract of former County Engineer John Rasmussen, ousting him from his role after two decades of public service.

Rasmussen was placed on paid administrative leave May 27 on a 3-2 vote of the Pottawattamie County Board of Supervisors. He contested the action, which as upheld by the board, and his employment contract expired at the end of June.

Rasmussen's attorney alleged Rasmussen was fired for defending the wages of at least one female employee. Brandon Burmeister, former assistant engineer, later asked the board to approve a raise for Tina Treantos, operations administrator in the Secondary Roads Department, on July 8, but the board opted not to do so.

Two factions of the Board of Supervisors have developed, with Chairman Scott Belt, Supervisor Tim Wichman and Supervisor Jeff Jorgensen voting to terminate his contract and to block Rasmussen from continuing testimony during a grievance hearing. Supervisors Susan Miller and Brian Shea have expressed confusion and dissatisfaction towards how the engineer was handled.

Letter expressed 'no confidence' in HR director

Rasmussen and the leaders of four other county departments expressed a lack of confidence in the policies and practices of the Pottawattamie County Human Resources Department — and specifically Lemrick — in a March 10 letter to the Board of Supervisors.

The now-former engineer was joined in signing the letter by Auditor Mary Ann Hanusa, Recorder Andrew Moats, Sheriff Andy Brown, and Treasurer Lea Voss. All the officials' positions are elected except for Rasmussen.

The Nonpareil learned of the existence of the letter but has been not been able to obtain a copy for publication. A reporter reviewed a copy of the letter, and signees have acknowledged its existence.

Wilber has also referred to it as a "no confidence" letter in an email to county resident Shawna Anderson, who made a public records request in hopes of obtaining the letter. The request was denied on grounds of it asking for "confidential personnel records under Iowa Code 22.7," which allows for certain records to be confidential.

The Nonpareil separately requested the document from Wilber, who denied the request but did not dispute the existence of the document.

In an email Monday, Aug. 11, Wilber clarified to The Nonpareil that the reference to the email "was simply using Shawna's own language as she characterized that document in a public records request." He "was in no way confirming her characterization of that document."

Separation agreement includes 11 months pay

Lemrick's time with the county isn't ending in the typical manner.

The county's Resignation Acceptance and Release Agreement with Lemrick — obtained by The Nonpareil — will pay out about 11 months remaining in her contract, the county's portion of family health insurance and retirement contributions.

In exchange, Lemrick "releases, waives, and forever discharges Pottawattamie County and its elected officials, officers, agents and employees, both present and former, from all claims demands, obligations, damages and liabilities of every kind and nature."

Lemrick also waived the right to any hearing before the Board of Supervisors and the right to recover any sum against Pottawattamie County in any lawsuit brought by the U.S. Equal Employment Opportunity Commission or the Iowa Civil Rights Commission on her behalf.

Neither Lemrick or the county — including its "elected officials, agents, departments, boards and employees" — can make or encourage a statement that "defames, disparages, or in any way criticizes the personal or professional reputation, practices, or conduct of the other party."

The county supervisors discussed the agreement in a closed session. Wichman was the only supervisor who opposed the agreement.

Lemrick may retain county property, access

Toward the end of this Tuesday's meeting, Miller quoted an email sent from Lemrick on Aug. 1 — since released to The Nonpareil — which reads in its entirety: "I have given my credit card to Mitch. I will keep the laptop, badge and office key until we have a new Director hired and training has been provided."

A nonretention clause in Lemrick's agreement says she must return all materials including "reports, files, memoranda, records, drawings, credit cards, access cards, keys, instruction manuals, client or customer lists and information, electronic storage devices, phones, smartphones, computers, and other physical or professional property."

Kate Gerber, Pottawattamie County public relations manager, said there is some precedent in the county of previous HR directors onboarding new directors, which allows for a transition period.

"If you don't have someone there to onboard the HR director, which is the person who essentially onboards all county employees, then who does that role really fall to?" Gerber said. "The last time there was a transition from one HR director to the other, there was a gap in-between when the one was hired and the previous one had left, and so that previous person helped onboard Jana."

Gerber said Wednesday that's why Lemrick still has equipment, and that a new hire could otherwise be disadvantaged. Gerber could not speak on behalf of the agreement, as Belt would be most appropriate, she said.

Belt did not respond to a call Wednesday afternoon. The supervisors chairman has not responded to repeated requests for comments in recent months.

On Tuesday, Miller called attention to the difference between what's happening and "the language of the separation agreement."

Generally, before receiving their final paycheck, employees must turn in "county identification cards, keys, credit cards, laptop computer, tools and other similar items," according to the Pottawattamie County Employee Handbook.

Separate clauses demand credit cards must be turned in upon resignation, and cellphones may be demanded for return or inspection. Lemrick, according to the email, seems to have only returned her credit card.

The Nonpareil has attempted to reach Lemrick but could not reach her for comment.

County still needs to fill engineer role

The human resources director, like the county engineer, is hired by the Board of Supervisors.

Both openings are listed on Pottawattamie County's website, though supervisors voted the aforementioned 3-2 split to extend an offer to an unnamed candidate for county engineer.

Jeannette Johnson, the supervisors' executive assistant, told The Nonpareil last week, and again Tuesday, that she has not received a copy of the offer, so she is unable to provide it to the newspaper.

Jacob Ferro, the Mills County engineer, said he was offered a job from a nearby county for $165,000 during a Mills County Board of Supervisors meeting Tuesday. He said a vote was held last week in the nearby county to put an offer on the table for his services, but didn't specify it was Pottawattamie County.

"It's kinda no secret now — there's a nearby county that has a vacant county engineer position," Ferro said. "It became vacant about two months ago; they've been reaching out to me since then."

However, Ferro appears to be staying in Mills County after county supervisors there voted 2-1 to match his salary to the offer's pay at Ferro's request.

Ferro said he is currently making $140,000 a year. John Rasmussen's drafted contract for 2025 would've had him making $157,456, had it been approved.

Meanwhile, Burmeister — who had been serving as interim Pottawattamie County engineer — worked his last day Tuesday.

Miller said that last Thursday saw 4 inches of rain fall in Gretna, Nebraska, causing flooding. Council Bluffs also was impacted by the rainfall.

"The same thing could happen in Pott. County at any time," Miller said. "At the end of the day, we don't have anyone in place to issue proclamations or close those roads in the event of a disaster."

Pottawattamie County is at risk, Miller said, and she suggested supervisors call a meeting Friday to discuss an appointment. As of Thursday afternoon, no meeting has been scheduled.

"The board needs to get somebody in place as the acting engineer," Wilber said. "You need to get somebody onboard that's a licensed civil engineer as soon as possible."

Without a licensed civil engineer as acting engineer, restrictions are in place when it comes to starting new projects, closing roads and other duties.

A resolution signed Jan. 2 allows Treantos to authorize the travel of large vehicles on the county's roads. As it stands, she's the last remaining employee of four Secondary Roads workers authorized to do so. However, she is not a licensed civil engineer.

Belt said during Tuesday's meeting he'd make some calls to find an interim engineer.