Employee's grievance against top county official sparks debate on role of commission

By Charlene Sims, info@linncountyjournal.com

MOUND CITY – Following a report at the Aug. 4 Linn County commission meeting that an county employee had filed a grievance against Linn County Commissioner Alison Hamilton, a series of executive sessions on Monday, Aug. 11, seemed to confirm rumors that the grievance was filed by Economic Development Director Chasity Ware.

Commissioner Alison Hamilton

Ware and Hamilton have been on the same page for several issues, but there has been evidence of growing friction between the two.

After discussion about whether all three commissioners would be going into executive session on job performance for economic development, County Counselor Jacklyn Paletta told the commissioners it was up to them.

Responding to a question about who should be in the closed-door session, Commissioner Jason Hightower’s first response was, “What are we discussing?” And then he said, “I’m indifferent as far as whether it should be all three of us or not. If that’s what you’re asking. You’re good with all three. I don’t care. Okay, one way or another.”

Hamilton said she did not have anything to state on job performance. “If this is about the grievance, it’s different,” she added.

Chasity Ware Economic Development Director

All three commissioners went into a 20-minute executive session. After they returned into open session, Commission Chair Jim Johnson, Hightower, Paletta, and Ware went into another executive session for legal without Hamilton.

After coming out of that closed-door session, Hightower made the following statement, “In response to the grievance that was filed, I would like to reiterate that it’s the commission’s desire that everything be handled appropriately and professionally with all of our employees. 

“That is, three of us are their bosses. That not one individual is in charge of anybody from that standpoint. That the direction of our employees should come from the commission, not from one individual or person on the commission or anything of that nature.

“And that is our goal that we  will maintain a level of professionalism in this role that exceeds the expectations of our employees.”

“I’d like to add to just like it is there’s three commissioners here, and that we can have different ideas,” but at the end of the day,” Johnson said. “But at the end of the day we have to come with the consensus of the majority. 

“But, you know, as far as two commissioners  overrule one or vice versa. I can have an idea but if it’s at the end of the day, it has to be the majority of the commissioners to decide what we do. At the end of the day, I want to make Linn County better is my goal.”

“I would just like to say that when you talk about singling out, there are employees that reach out to all of us individually,” Hamilton said. “So, maybe, kind of clarification on when we do get questions, how are we supposed to respond? Are we not supposed to respond? Are we not supposed to respond and let everyone know when we come back on Monday? There’s always been confusion there.”

Hightower answered, “So, I think the key to that is that we maintain our professional conduct in the things when we are discussing these items and making sure that we as commissioners realize that we are just one third of their boss and that it takes two thirds for it be an actual job duty or something along those lines. So, making sure that when we are giving guidance, we are reminding our employees that it’s going to have to be approved by three of us.”

Hamilton asked that if someone asked her about doing something, should she say she doesn’t have a problem with it but they should ask one of the other commissioners. Is that what other commissioners do, she asked.

Hightower said that when he had calls, he gave them his opinion but reminded the employee that he was only one third. He said he did not tell them to call someone else.

“I tell them what I think when they call and ask for my opinion,” Hightower continued. “I am not pursuing them on items that are or could be conflictual. You know, I’m trying to work efficiently and professionally with every single one of our employees so that I am able to maintain those relationships and keep it as a working thing so that we can do the best we can for our constituents.”

Johnson said there would be situations with Public Works Director Jesse Walton, and he would call him at times with a road issue or different things that are his responsibility and just pass that message on to him about it being a rough road, wash out or tree limbs down. 

Hightower said instead of calling Walton, he would just turn in a work order ticket.

Johnson said that was his method of reporting because it was easier for him to do that. He said if he were out on the tractor or something, he would just give him a call. He said that if it was for a bridge or going to take money he would take that to the commission.

Grievances filed against a commissioner and the confusion about how to handle them are nothing new in LInn County. Several grievances have been filed in the past couple of years against Jim Johnson and none of them were resolved in the manner that the employee handbook outlines. The employee handbook is more geared toward an employee filing a grievance against a supervisor.

Three grievances and a complaint of ouster were filed by employees against Johnson in 2023 and 2024. The first grievance was filed by former economic development director Jessica Hightower, who is married to Commissioner Hightower. While her name was not revealed in the public meeting, former county counselor Gary Thompson notified the commissioners that because an employee who was the wife of a commissioner had filed a grievance against another commissioners, neither commissioner could be involved in the investigation and determination of the grievance. 

A committee was formed, led by the remaining commissioner, Danny McCullough, but no resolution was decided about the grievance and it was dropped when she resigned a year later to go to another job. The same committee was used for two other grievances against Johnson although there was no reason that Hightower could not work with McCullough on those two grievances as they were not filed by Hightower’s wife.

Those grievances against Johnson were for harassment. More than once in open session Johnson accused Jessica Hightower’s employment of causing disruption to the county because she was married to the commissioner. He openly complained about what he saw as nepotism. 

However, Jessica was employed by the county before her husband was elected commissioner, and under Thompson’s advice the commission moved to place the economic development director’s position under the supervision of the public works administrator.

Several times Johnson made a motion to fire Jessica. Each time the motion died for lack of a second.

Other workers in the public works department were reportedly harassed and refused to take Johnson’s often angry phone calls during the day and often after work hours.

The complaint of ouster was filed by previous public works director Shaun West and went to former county attorney Burton Harding’s office. It now sits on the desk of current County Attorney Justin Meeks, and while no action has been taken the case remains under advisement of the Kansas Attorney General’s Office. 

On June 27, 2024 at the time of filing the ouster, West said that the ouster filing was the culmination of frustration of the grievances filed by at least three employees never being resolved and also that the treatment of the employees that led to the filing of the grievances still continued.

West was later fired by Johnson and Hamilton.

At the Aug. 4 meeting, County Clerk Danielle Souza told the commissioners that the process in the handbook is the department head directly above the employee filing the grievance tries to resolve the issue. In this case, the commissioners are the direct supervisor of the employee. 

Souza explained that the in this case the only time that the commission can talk about the grievance is in open session.

Hightower asked Johnson if they should conduct their own interviews before they discuss the grievance.

Johnson asked, “With individuals?”

Hightower said, “We have the grievance and we have the handbook.”

Johnson stated that right now they basically had one side of the situation.

“But we are not going to be able to talk with the other person (Hamilton) except in a public meeting,” said Hightower. “I’’m saying that we go ahead and meet with the employee individually outside of the commission and then ask for Ali’s part in open meeting session at a later date.”

Johnson asked Souza how long do they have for this.

Souza told him, “The handbook says  that the supervisor will attempt to resolve the issue within eight working days.”

Johnson said, “That’s us, the supervisor.”

Souza continued telling them that in the event that it is not resolved in eight working days, then there is a committee that is formed, which again would be you.

Souza added that the eight days started from the day the individual sent it to you.

Johnson clarified that the commissioners did not have another meeting in that time period. 

Souza said, “Unfortunately the handbook doesn’t address this particular situation. In my Human Resources (HR) capacity, it doesn’t even address HR being involved in this process. My involvement is to the extent that I am the secretary to the commissioners.”

Souza continued, “I have communicated with Jacklyn (county counselor) and both of our intention is to honor the policy that is in the handbook.”