Commission removes grievance option from employee handbook
- Charlene Sims, Journal staff
- 4 days ago
- 7 min read
By Charlene Sims
MOUND CITY – Over the past three years, at least five Linn County employees felt the need to file a grievance against a member of the Linn County Commission. Most of those claims have cited harassment by a commissioner as the basis for the grievance.
That option is now off the table following a decision by the commission late last month to take that option out of the employee handbook.
As commissioners reviewed possible changes to the handbook on Dec. 22, Commissioner Jason Hightower brought up the section about the ability for employees to file grievances against an elected official.
Hightower said that when he was at the Kansas Association of Counties (KAC) meeting, he sat on a panel where the consensus was that counties needed to remove elected officials from the grievance procedure. He said this was based on the fact the county has very little teeth in the ability to remedy those situations when they come about.
“(It was made) clear to employees that grievance procedures are not a remedy against elected officials,” Hightower said. “So we’re not misleading them that there’s some resolution that comes from a grievance filed against an elected official. Because they said there’s really no recourse against the elected officials. That was what was stated in that panel discussion.”
The commissioners asked County Clerk Chasity Ware to ask the human resources consultant Roshay Rogers with Asure Consulting Inc., who is giving advice on the handbook, what she thought of taking out the elected officials under the grievance policy.
In the past three years, several grievances have been filed against Commissioner Jim Johnson by former Economic Development Director Jessica Hightower, two other employees and former Public Works Administrator Shaun West. West also filed a Complaint of Ouster against Johnson because the grievance procedure was never resolved.
The ouster complaint has since stalled in either the Linn County Attorney's office or the Kansas Attorney General’s office.
And in August 2025, Ware filed a grievance against Commissioner Alison Hamilton. At that time Ware was county economic development director.
“I recently filed a grievance which I believe was mishandled behind closed doors rather than addressed transparently as required,” Ware told the commission when she announced her resignation. “And if true, that’s not only inappropriate, but a breach of trust with employees who depend on fair processes. Additionally, the grievance format itself should be redesigned. No employee who files a grievance should be required to provide the solution to a problem they did not cause.”
Former economic development director Jessica Hightower’s grievance was for harassment by Johnson who made her the target of his anger for months after her husband was voted in as commissioner. To avoid violating the county's nepotism policy, which said that an employee cannot be supervised by a relative, the commission, including Johnson, had voted to have the economic development director supervised by the public works administrator instead of reporting directly to commissioners because Jessica is married to Jason.
That change was made before Jason Hightower took office. Despite that, Johnson would make motions to fire Jessica Hightower several times because he considered her working for the county while her husband was commissioner as nepotism. Those motions would never receive a second, but she eventually resigned in August 2024 to take a position with the regional planning agency.
Besides West, other county officials and employees also have refused to take phone calls from Johnson reporting that he is harassing them.
At the Feb. 13, 2023, commission meeting, former Sheriff Kevin Friend told the commissioners why he had stopped coming to commission meetings.
Friend said, “Because I was treated badly, and I don’t go where I am treated badly. I have no need to be there. It’s my personal mission.”
In a phone interview with former County Clerk David Lamb a year ago, he said that the county grievance policy had no teeth to it if a grievance were filed against an elected official like a commissioner. According to Lamb, elected officials can just brush off results of a grievance because they are elected officials.
The only things that can actually be done when an elected official is acting unprofessionally or harassing employees is to file an ouster or collect signatures on a petition for a recall.
The review of the employee handbook was completed on Dec. 29 and will be finalized by the end of January. Most changes were minor. Ones that were more significant are:
The employment of relatives - Ware said that the consultant removed some wording from the section on employment of relatives. Ware said she said employees who marry or become related while they are employees of Linn County will be permitted to continue as employees if there are no substantial conflicts. Reasonable accommodations will be made when possible in the event a conflict arises.
Ware said the consultant did add a section on romantic and family relationships at work. That was previously not covered. She was a little more detailed than in the current handbook.
• Outside of employment - she included the verbiage of creating an even the appearance of a conflict of interest if there is an issue outside of the workplace of employment.
• Added a little more detail to the attendance and punctuality section.
•. Eliminated a large section covering the Americans with Disability Act (ADA). Ware said that, if she was correct on this, much of the wording of that section was included elsewhere in the handbook.
• General Pay Information section - Hightower said that he would like to see the verbiage that pay raises are not to exceed two steps unless accompanied by increased certification or promotion in job responsibilities.
Hamilton said, “That she was not saying that she did not agree with you (Hightower). I am saying as an elected official in their offices they can still give whatever pay they desire to their employees.”
“We’re not just talking about elected officials here,” said Hightower.
Hamilton replied, “I know.”
Johnson said, “Elected officials can do what they choose to as long as it’s within the budget.”
Hamilton asked if this was permissable. Ware said she would visit with the human resources consultant about how she thinks that should be worded.
The discussion on this continued at the Jan. 5 meeting.
Ware said the consultant changed the verbiage on the pay section to read that direct deposit of paychecks was strongly encouraged.
Employee benefits - the consultant added a line “in the event there is a conflict between this handbook and the plan or program documents, the plan or program documents available from the county clerk will control.”
Accrued but unused sick leave - Ware said that the consultant said that the cap of 400 hours for unused sick leave was high.
Hightower asked if the county offers short-term disability. He said that he thought that the 400 hours was designed to get the employee to long-term disability since short-term was not offered.
Ware will look into whether the county offers short-term disability.
• Travel expenses - Discussion was held on when to pay the $40 per diem to employees who are going to conferences. It was decided to leave it as it is in the current handbook. If there is a question, it will be left up to the county clerk’s discretion.
Vacation - Currently employees are earning seven hours of vacation per month (compared to eight hours of sick leave) for individual employed by the county for one to eight years. They receive 10 hours if employed nine to 15 years and 13.33 hours per month over 15 years. Currently employees may accrue up to 120 hours of vacation and then accruals stop.
It also says that the accrued but unused vacation time will be paid out only if the following situations such as after the first year of employment accrued or unused vacation time will be paid out at termination of employment not involving fraud.
“That looks to be pretty boilerplate, normal,” said Hightower.
• Parental Leave - Hamilton asked are we only paying partial wage for parental leave for the 12 weeks for mothers? She pointed out that it said “only partial wage” is available. Hamilton asked what partial means.
Ware said she is trying to find the county’s document on this issue.
Hamilton said that she thought a lot of employers were also giving time off to the fathers and she thought if the they worked within the county they should be able to transfer them to the mother.
• Sick leave bank - Ware said that it states there is a committee but it does not state who they are. The policy said there should are seven people, the county counselor, the human resources person, and five other member appointed by the commissioners.
• Performance evaluations - Should they add in six-month evaluations?
• Drug testing - Hamilton asked if it states who is doing the testing. She said that there needs to be a standard operating procedure on that, also on who is doing the complaint to order a drug test. It probably should be a supervisor that orders the drug testing. Ware will look into this section more.
• Right to search - A new section that is optional but highly recommended by the consultant. Hamilton asked about who is going to be doing the search? Inspected by any agent or representative of the county at any time with or without prior notice. Ware will ask consultant more about how this is handled.
• Severe weather - Johnson said he did not think that shutting down a department should be the decision of a department head. Some were getting paid to not work and others were having to use sick leave or vacation to take the time off and others were working.
Hightower said he thought department heads should be involved with county officials in deciding to shut down during an emergency. Johnson said department heads should not be making the call.
Ware clarified that the people making the decision would be commissioners, elected officials and department heads.
The commissioners discussed with County Counselor Paletta if it would be a Kansas Open Meetings Act (KOMA) violation if the clerk called each commissioner and and asked the question about closing without telling the commissioner what the other commissioners said.
Paletta said that, “So long as she is not delivering messages between you, but coming to a consensus is something that needs to happen.”
If the commission is making a decision or voting, that part is subject to Kansas Open Meeting Act regulations, she said.
Ware will look into a few other counties to see what their protocol or chain of command is for severe weather.