Newton Independent

Baumgart receives six-months severance pay

By PETER HUSSMANN 

Former Skiff Medical Center President and CEO Kris Baumgart will continue to receive a regular paycheck for the next six months according to the terms of his severance package.

Details of the package were released to the Newton Independent late this afternoon by Skiff hospital officials. In addition to his salary, Baumgart will be eligible to receive continued insurance coverage until the end of July, plus a buyout of his accrued vacation and sick leave. His salary was not released.

In return for the buyout provisions, Baumgart is required to turn over to the hospital all documents in his control pertaining to the facilitiy's operation. Further he "promises never to file a lawsuit or administrative claim" against the hospital in regard to his employment at Skiff. Should such an event occur, Baumgart is required to "pay for all reasonable costs incurred" by Skiff as a result of such action. Any actions taken by the former administrator would cause his severance entitlements to be discontinued.

It further states that the agreement "shall not in any way be construed as an admission" by Skiff "that it has acted wrongfully with respect" to Baumgart's 16-month tenure as the hospital's administrator.

Skiff trustees, employees and Baumgart are barred from discussing the terms of the agreement.

The agreement was signed on Wednesday during a closed session of the board by the former administrator, who's last official date of employment is Saturday, and acting trustee chairman John Lee.

Following the approval of Baumgart's resignation and approval of the severance package, the Skiff trustees interviewed two potential outside management firms to take over the day-to-day operations of the city-owned hospital. Quaram Health Services of Nashville, Tenn., and Mercy Health Network of Des Moines interviewed for the possibility of taking operational control of the Newton hospital while the board of trustees conducts a replacement CEO search. A decision on that matter could come as early as next Friday as the board has tentatively scheduled meetings for 9 a.m. and 3:30 p.m. to consider the proposals.

Earlier today, physicians with Newton Clinic issued a policy statement against the potential move by the Skiff trustees to bring in an outside organization to assume operational control of the Newton hospital, regardless of the period of time considered by trustees.

In its statement, the Clinic physicians noted its "past" positive relationship with the Skiff board and the hospital administration and said it looked forward "to renewing this positive relationship."

Late last year, a Press Ganey Physician Perspective Survey responded to by Newton physicians indicated a significant loss of confidence in the top administrators of the hospital.

Newton Clinic doctors against Skiff trustees hiring outside management firm

By PETER HUSSMANN

Doctors at the Newton Clinic issued a statement today saying they were against efforts by the Skiff Medical Center Board of Trustees to hire an outside firm to manage the operations at the Newton hospital, regardless of the period of time.

The statement from the Newton physicians comes two days after Kris Baumgart abruptly resigned from his position as President and CEO of Skiff. After accepting his resignation and approving a severance package, details of which have not been released, the Skiff board interviewed two outside management firms to operate the hospital, at least short-term, while an executive search could be conducted.

The Skiff Board of Trustees could have a management agreement in place as early as next Friday. The board has tentatively set meetings for 9 a.m. and 3:30 p.m. Feb 6 to discuss the hiring of either Quaram Health Resources of Nashville, Tenn., or Mercy Health Network of Des Moines. In either case, the executive brought on to handle the day-to-day operations of the hospital would be an employee of the company, not the hospital.

The doctors at the Newton Clinic are against such a move. Here is the complete text of their statement on the matter:

"Policy Statement regarding Skiff utilizing a outside source for management services

The physicians of the Newton Clinic P.C. are thankful to the Skiff Trustees on their dedication to and ongoing service to Skiff Medical Center. In the past, the Newton Clinic P.C. has enjoyed a dynamic relationship with both the Skiff Board of Trustees and the administration of Skiff Medical Center and we look forward to renewing this positive relationship.

"At this time of transition, with consideration given towards the patients, employees and medical staff, we believe that Skiff Medical Center would be best served by having a CEO employed exclusively by Skiff Medical Center.

"We encourage The Skiff Board of Trustees to refrain from signing any short or long term management agreements with any outside organization and we look forward to working with the new CEO of Skiff Medical Center."

Those 'ghost-busted' unite

Newton Independent

The Jasper County Board of Supervisors' decision to "ghost bust" the Mid Iowa Paranormal organization's attempt to document the existence of things unearthly at the former Care Facility is catching the attention of those who believe in things that go bump in the night across the country.

A national site devoted to all things paranormal posted a story today on the board of supervisors' denial of access to the crumbling building. You can read the read the story and sign the petition asking for access here.

Earlier this month, I linked to a couple of stories written by a local member of a ghost hunting team that was able to gain access to the care facility and document some unearthly activities. You can refer to the Newton Independent's previous story and find a link to the articles here.

City administrator suggests council largely adopt budget-cutting recommendations

By PETER HUSSMANN

The budget-cutting recommendations laid out by city department heads on Monday should largely be adopted, Interim City Administrator Tom Wardlow is suggesting to council members, but an on-going analysis and actions creating additional cost reductions and operational efficiencies should move forward.

Wardlow made the suggestion to council members in memo dated Thursday. He said the current time constraints involved in passing the city's budget by the March 15 deadline imposed by the state, along with the time frames involved with the legal publication of the budget, makes additional analysis of other potential methods to meet the city's budget shortfall of nearly $800,000 almost impractical.

The city council plans another budget workshop on Monday, Feb. 9, but Wardlow noted to council members that the work largely needs to be completed a week from today. In order to meet legal publication deadlines for the notice of the public hearing on the budget, it would need to presented to the newspaper by Thursday, Feb. 12 for publication the next day. The public hearing and adoption of the budget is planned for Wednesday, Feb. 25.

"As you can see, in order to allow staff to do its jobs in terms of working the final numbers, formatting the budget for publication and making all the deadlines, we see most of the work happening by Friday the 6th," Wardlow wrote in his memo to the council.

That, however, does not mean that there would not be additional analysis of current city operations. But the time constraints makes an ongoing "healthy analysis" practical "because of a lack of time."

"There is usually more than one way to approach our needed reductions," Wardow wrote. "However, I am very concerned that a healthy analysis of any additional and significant changes may not occur simply because of a lack of time.

"In light of the numerous department budget proposals, and potentially different opinions of council members, plus given what I believe is a mandate from Council to me to analyze each department to create a strategic plan that enhances customer service, create efficiencies, and reduce costs in the next year, I am proposing the following.

"I believe for the betterment of the organization, and to face the realities of the budget schedule, that we attempt to reach a consensus on the budget figures and basic alternatives. As far as any new proposed restructuring alternatives, I would roll this into our structured strategic planning that would target Jul 1, 2009 as a plan completion date. In the meantime, we should put into effect any agreed to reductions when council agrees to. We have always had the ability to change our structure during the year so this is no different than any other time, we just separate planning from a budget deadline.

"I assure you that we will do our best to assist in finalizing the budget as the council sees fit."

City of Newton FY 09-10 Budget Reduction Alternatives - Library

Newton Independent

Target figure at 8 percent reduction - $61,503

Alternative A

Reduction Items

• Staff reduction of 2 half-time circulation clerks - $32,868 (includes salaries and insurance)

• Less cleaning service - $6,240

• Less budgeted salary for part-time circulation clerk - $4,000

• Books - $4,000

• Periodicals - $2,000

• Reduction in on-line databases (5) - $4,000

• Reduce page position by seven hours per week - $2,847

Subtotal - $55,955

Revenue Enhancement Item

• County 28E funding above budget - $8,357

Total Savings - $64,312

Percentage Saved - 8.37 percent

Amount Short - $0

Amount Long - $2,809

Service Impacts

• Reduce library hours by nine hours per week (from 60 hours to 51 hours). Accreditation requires minimum of 51 hours per week with evening and weekend.

• Fewer online databases for public.

• Fewer books and magazine subscriptions.

• Books won't be reshelved as quickly.

• Book checkout lines will at times be longer.

Alternative B - Not recommended by Library Board

Reduction Items

• Staff reduction of 3 half-time circulation clerks - $49,302 (includes

• salaries and insurance).

• Reduce cleaning service - $6,240

• Reduce part-time budget for circulation clerk - $4,000

• Online databases - $4,000

Subtotal - $57,374

Use same revenue enhancement as in Alternative A.

• County 28E funding above budget - $8,357

Total Savings - $71,899

Service Impacts

• Service desks would be understaffed or unstaffed for long stretches of time which would produce a safety issue for library staff and patrons and drastically reduce service to patrons.

Cochran new president at Newton Manufacturing

Newton Independent

Following the news threads on the Newton Manufacturing Web site and one finds that Lee Cochran is the new president of Newton Manufacturing. The former treasurer and secretary of the 100-year-old company takes over for Jerome Hoxton.

In a Jan. 9 news story on the company's Web site, Cochran, in his role as president of the company, explains how Newton Manufacturing plans to celebrate its milestone. You can read about that here. Congratulations are in order for the achievement by Newton Manufacturing. And that Newton has two specialty advertising companies, The Vernon Company the other, that have achieved 100-year-old business status is remarkable. 

And Cochran, again in his capacity as president, announces in another news story dated this week on the company's site that Newton Manufacturing has achieved the top rating possible from the Better Business Bureau. You can read that here.  

The Newton Independent noted Hoxton's departure from the company and Cochran's service as interim president in a post earlier this month.

Trinity closes plants, but stock analysts say it's a company 'poised to pop'

Newton Independent

A couple of news items that popped up on our radar send mixed signals about the future of the wind energy and ethanol industries in the state.

Trinity Industries, the parent company of Trinity Structural Towers, the company that is using a portion of the former Maytag Plant 2 building to build wind turbine towers, announced that it had closed a similar facility in Tulsa, Okla. However, the company said it was being done to consolidate its tower production, which could be a good thing for the Newton plant. About 130 people lost their jobs.

In addition, the company said it was curtailing its production of railroad cars for the ethanol industry due to an expected slowdown in that arena. Trinity said it closed a rail car manufacturing plant letting go about 200 people. You can read the Trinity press release here and a news story about the plant closings at this site. 

On the other hand, an investment news letter really likes Trinity and says it's a company investors should consider betting on. The Motley Fool gave Trinity a coveted five-star rating. You can read that report here.

City of Newton FY 09-10 Budget Reduction Alternatives - Parks

Newton Independent

Target Figure at 8 percent reduction - $49,367

Alternative A

Reduction Items

• Reduce park part-time salary - $9,152

• Remove all allowances - $1,960

• Reduce park administration operating supplies - $2,000

• Reduce park general operating supplies - $3,000

• Reduce park general vehicle operating supplies - $2,900

• Reduce pool building maintenance - $5,000

• Reduce pool part-time salary - $2,575

• All full-time employees furlough 2 hours each week - $18,901 (includes salaries and insurance)

Subtotal - $45,488

Fund transfer

• Transfer from golf to general fund - $4,000

Total Savings - $49,488

Percentage saved - 8.03 percent

Amount Short - $0

Amount Long - $121

Service Impacts

• Eliminate 1 27-hour seasonal position

• Reduce 2 40-hour seasonal positions to 38 hours

• Add to no-mow areas, including half of Woodland Park, sections of softball complex, much of Sunset West. Weekly trimming delayed.

• Reduce sports field marking supplies, costs transferred to leagues.

• Reduce ground maintenance supplies, including Maytag Park, Aurora Park, Sunset hill and high-traffic areas.

• Reduce pool building maintenance by eliminating professional work and doing it in-house.

• Eliminate 1 summer pool position from ticket/concession resulting in slower service.

• Furloughs will result in reductions in playground equipment safety and maintenance inspections to every other week. Reduction in trimming and bed maintenance, other maintenance functions. Park office hours reduced by two hours per week.

Alternative B (requested by Interim City Administrator) This reduction has been reviewed and rejected by the Newton Board of Park Commissioners. This is being submitted for informational purposes only by the Parks Department.

Reduction Item

• Eliminate all park general part-time salaried positions (5) - $51,556 (includes salaries and insurance).

Service Impacts

Loss of entire crew for mowing, trimming, shelter and restroom cleaning and maintenance, plant bed maintenance, trail cleaning and maintenance and general building and grounds maintenance.

Alternative C

This reduction has been reviewed and rejected by the Newton Board of Park Commissioners. This is being submitted for informational purposes only by the Parks Department.

• Eliminate 1 full-time groundskeeper - $56,749 (includes salary and insurance).

Service Impacts

Loss of 66 percent of the full-time grounds crew and impact 100 percent of the grounds crew workforce during months of May through September as the .5 position is assigned to the pool at that time. Loss of facility maintenance, pesticide applications, facility safety inspections and corrective action, installation and maintenance of plant material including tree trimming and removals, snow removal, etc.

City of Newton FY 09-10 Budget Reduction Alternatives - Administration

Newton Independent

Target figure at 8 percent reduction - $31,734

City Center maintenance maintained, legal costs (audit, elections) maintained, city computer network maintained.

Alternative A

Reduction Item

Cut operation items

• Fireworks - $7,500

• City Report (Web site only) - $9,500

• Travel and Conference - $2,000

• Health Benefits - $8,000

Total Reductions - $27,000

Revenue Enhancement

• Waterworks payroll - $1,113

• Waterworks postage - $1,982

Subtotal - $3,095

Total Savings - $30,095

Percentage Saved - 7.59 percent

Amount Short - $1,639

Amount Long - $0

Additional Reductions at 8 percent

Municipal Band - Budgeted - $3,000  Reduced - $240

Aces Teen Center/YMCA - Budgeted - $17,000  Reduced - $1,360

RSVP - Budgeted - $12,000   Reduced - $960

Alternative B

• Open Position - $53,096.29 (includes general fund and trust and agency)

• City Report (eliminated) $9,500

Total Savings - $62,596.29

Service Impacts

• Eliminate City Report

• Slower response times to IT issues

• Loss of active deputy city clerk

• Backup of training in significant areas reduced

• During some periods of time the reception area will not be staffed

City of Newton FY 09-10 Budget Reduction Alternatives - Community Development

Newton Independent

Target figure at 8 percent reduction - $18,889

Alternative A

Fund Transfer - $40,000

• Transfer surplus from Prairie Fire Tax Increment Financing district to cover portions of Community Development Director and City planner

Census Cost Reduction - $8,000

Total - $48,000

Service Impacts

No service impacts except the cost of half of the upcoming census would be transferred to an external entity so the city would not bear the entire $16,000.

Alternative B

Potential cost reductions and/or revenue enhancements

• Realign hotel/motel tax distribution

• Sell RSVP building

• Revisit the Synergy bonding issue to free more value for taxation

City of Newton FY 09-10 Budget Reduction Alternatives - Legal

Newton Independent

Target figure at 8 percent reduction - $8,847

Alternative A - Not Sustainable

Reduction Item

• Legal and administrative - $200

• Court and recording fee - $50

• Witness and mileage - $100

• Dues and subscriptions - $4,868

• Printing and binding - $20

• Communications - $1,200

• Travel and conference - $2,234

• Office supplies - $175

Total Savings - $8,847

Percentage Saved - 8 percent

Amount Short - $0

Amount Long - $0

Service Impacts

Would not allow Legal Department to effectively function. No phone (land or cell), no legal research aids. Would create a breach of employment contract (continuing legal education, seminars, professional organizations, etc.)

Alternative B

Close Legal Department

Service Impacts

Police Department writes all state charges. Court fines go the state ($80,000). Daily legal advice is lost. Services received on a contracted basis. Numerous, current, complex legal issues would not receive the attention they are due.

City of Newton FY 09-10 Budget Reduction Alternatives - Fire

Newton Independent

Target Figure at 8 percent reduction $146,235

Alternative A

Reduction Item

Firefighter A - General Fund- $37,012 - T&A - $23,204

Firefighter B - General Fund - $24,683 - T&A - $15,284

Firefighter C- General Fund - $41,990 - T&A - $13,108

Total Savings - $155,281

Percentage Saved - 8.49 percent

Amount Short - $0

Amount Long $9,046

Service Impacts

The impact of losing 3 employees will greatly affect the efficiency of the fire department internally and externally. Two of the three crews will be at 6 firefighters. I will have to assign the Fire Marshall and the Training/EMS Coordinator to fill the void left by the layoffs to avoid not having enough manpower to respond to 911 calls involving the third ambulance. This scenario occurs many times during the year.

Assigning the Fire Marshall and Training Officer to a 24-hour shift will severely compromise coordination and consistent management responsibilities with the crews and the public. Both positions require quite a bit of daily interaction with outside agencies such as Skiff, Mercy EMS, State Fire Marshal's Office, Fire Departments and Emergency Management. The public may not get an immediate response to their situation as they would with our present organization.

The third employee is the utility firefighter that was used for administration projects, crew fill for sickness, injury and hospital-to-hospital transfers. Losing this employee will increase the fire department overtime budget.

Alternative B

No alternative

City of Newton FY 09-10 Budget Reduction Alternatives - Public Works

 

Newton Independent

Target Figure at 8 percent reduction - $205,710

Alternative A

• Eliminate remaining mosquito control (dunks) - $500

• Reduce cemetery part-time from 3 to 2 positions - $10,880

• Eliminate all sidewalk repairs/ADA panels - $1,000

• Reduce transit subsidy 8 percent - $1,440

• Eliminate Public Works building cleaning service - $7,200*

• Eliminate Tech II position - $41,850*

• Eliminate computer/replacement in Engineering - $1,500

• Cut storm sewer budget in half - $10,000

• Cut street sweeping in half - $7,500*

• Cut 1 equipment operator in streets - $67,754*

• Early retirements 2-4 positions to be defined - $25,000

• Eliminate nuisance abatement expense - $10,000

• Cap asphalt, concrete repair materials from $95,000 to $85,000 - $10,000*

Total Savings - $206,345

• General Fund - $96,529

• Trust and Agency - $12,072  *A portion of the savings identified above comes from this account in addition to the General Fund.

• Road Use Tax Fund - $97,745   *A portion of the savings identified above comes from this account in addition to the General Fund.

Amount Long -$635

Service Impacts

• No mosquito control
• Cemetery part-time staffing back to 2008 levels, longer mowing/trimming cycles
• No sidewalk repair.
• Inmate used for office cleaning.
• Reduce in-house engineering/inspections.
• Cut storm sewer projects in half.
• Cut sweeper operating time in half.
• All street duties reduced and slowed (street repair, mowing, nuisances, snow removal).
• Do not hire nuisance abatement.
• Street repair stops when expenditures reach $85,000.

Alternative B

• Convert solid waste/recycling to Enterprise Fund, add overhead cost - $70,476

• Cemetery fee increases for lots, columbarium, charge for veterans lots - $31,100

• Include costs for equipment and fuel in spring clean-up - $36,140

• Eliminate entire transit subsidy - $18,000

• Eliminate 1 administrative assistant position - $67,533 (includes salary and insurance)

Service Impacts:One person to greet public, answer phones, administrative tasks slowed or eliminated. No front desk services when remaining position absent.

City of Newton FY 09-10 Budget Reduction Alternatives - Police

Newton Independent

Target Figure at 8 percent reduction - $157,132

Reduction Items

Parking Enforcement Attendant - $47,764* ($31,554/$16,210)

Parking Enforcement Attendant - $53,051* ($30,759/$22,292)

Police Officer - $59,908* ($40,772/$19,136)

Subtotal - $160,723*  ($103,085/$57,638)  *Includes both wages and insurance costs taken from the General Fund and the Trust and Agency account respectively

Parking-Related Operations Savings - $5,840

Total Savings - $166,563

Percent Saved - 9.11%

Amount Short - $0

Amount Long - $9,431

Service Impacts

• Parking Enforcement Division is abolished.

• Day Shift Patrol will handle meter enforcement proactively

• 3-hour enforcement on a per-complaint basis

• Loss of some parking revenue, approximately $20,000

• One officer reduced through unfilled position after retirement

• School agreement rewritten to allow School Resource Officer with 24 officers

• Reduce one investigator, supplant through patrol division

City of Newton FY 09-10 Budget Reduction Alternatives - Overview

Newton Independent

Budget Issues

• General Fund Shortfall - $475,795

• Expected RUTF Shortfall - $192,000

• TPI Payments (4 year total $527,684.52) - $131,921

Budget Solutions

• $475,795 Implement staff proposals
• $192,000 Implement staff proposals

• $667,795

• $131,921 Debt service (taxable bond or short-term loan) or General Fund Reserve

• Total - $799,716

Proposed Savings

• Total Department Reductions/Enhancements - $737,569

• General Fund - $504,041

• Trust and Agency - $135,783

• Road Use Tax Fund - $97,745

To Mayor and Council:

In regards to achieving an 8% budget reduction, each department will propose ideas for review. As each department is structured differently in terms of revenues and expenditures, some departments have options for fee increases or other revenue enhancement while other departments do not and must rely solely on cuts. Staff is providing a broad scope of alternatives to the Council in order to better inform you of best-case and worst-case scenarios. Some departments are not, however, able to provide alternatives. In any event, when there are more than one alternative, staff's primary alternative is preferred over any other alternative shown.

We all know that our services are provided by good people doing good work. Knowing that, every opportunity has been taken to make sustainable reductions in expenditures while maintaining services and the staff that provides those services. However, the magnitude of the reductions needed makes unavoidable a reduction in force and so we have provided this document that reflects revenue enhancement, cost cuts and personnel reductions.

Thomas R. Wardlow

Interim City Administrator

Skiff CEO abruptly resigns

By PETER HUSSMANN

The resignation of Kris Baumgart, president and CEO of Skiff Medical Center, was announced and accepted by the Newton hospital's board of trustees at the start of its open session late this morning.

While no specific reasons were offered for his resignation, acting board chairman John Lee said Baumgart was leaving to pursue other professional opportunities and that his resignation would be effective Saturday. Hospital employees were made aware of the announcement this afternoon.

"This was a mutual decision in his best interest and the interests of the organization," Lee said.

The board of trustees also approved a separation agreement between the hospital and its outgoing CEO, though terms were not released.

The hospital trustees appointed Francie Jahn, vice president of patient care services, to serve as interim CEO while the board investigates longer-term options. She will assume the position on Sunday.

In a press release from the hospital announcing Baumgart's departure, Lee said the board is considering options such as bringing in a health care management firm for a period of time while plans are put in place for a new CEO search.

"The primary goal of the Board of Trustees is to ensure quality patient care and provide a good working environment for our Skiff staff and physicians during this transition period." Lee said. "We want to make the best decisions for the organization and make sure that Skiff remains a strong community hospital."

The hiring of a hospital management firm could come as early as next week. The board heard presentations from two health facility management operators and plans to meet on Friday, Feb. 6, to possibly extend an offer to one of the groups interviewed today. Terms are being negotiated with the two management entities.

Invited to make presentations at the board meeting were Quarum Health Resources of Nashville, Tenn., and Mercy Health Network of Des Moines.

Quarum, a wholly-owned subsidiary of Community Health Systems, manages approximately 160 hospitals in 41 states around the nation. The group manages five facilities in Iowa including Boone, Washington, Fort Madison, Onawa and Knoxville.

Mercy owns 11 Iowa hospitals, has 26 rural hospital affiliation agreements in place and 116 physician clinics across the state. Representatives at today's meeting said one in four Iowans seeking health care is seen by a Mercy Health Network operation.

Representatives of both organizations told hospital board members of their ability to assess current operation needs, create an organizational structure to ensure future success and handle the day-to-day administrative functions while leaving directional control to the local hospital trustees. Though no time-frames were discussed by the board on Skiff's ongoing use of such management firms, both organizations noted the long-term relationships that usually ensue once medical facilities enter into service agreements.

While no specific reasons were given for Baumgart's departure, Lee did say that Skiff Medical Center was an organization with "challenges that need to be faced."

One of those challenges is the current discrepancies in the Medicare and Medicaid reimbursement systems. Skiff is paid a fraction of the payments for providing services to that client base compared to urban hospitals. Skiff has seen revenue losses approaching $1 million in the past year.

And a recent Press Ganey doctor survey shows that Skiff physicians have largely lost confidence in the hospital's top leadership.

Baumgart came to Skiff in September 2007 after nine years at Stewart Memorial Community Hospital in Lake City. Prior to that he was CEO of Clarke County Hospital in Osceola.

Jahn started at Skiff after a period with Iowa Hospice where in the final year she served as vice president of operations. She served 12 years as senior vice president of clinical services at Broadlawns Hospital in Des Moines.

Manatt's Inc., faces racial discrimination lawsuit

By PETER HUSSMANN

Four former employees of Iowa paving contractor Manatt's have filed a federal racial discrimination lawsuit against the Brooklyn-based company and two of its crew supervisors.

Francisco Corona-Barajas, Javier Corona, Alberto Corona, all of Marshalltown, and Miguel Viramontes of Toledo filed the suit against Manatt's, Inc., and employees Rick Hudson and Cortney Graber last week in federal district court in Des Moines.

The four claim they were subjected to discrimination, harassment, a hostile work environment, retaliation and intentional infliction of emotional distress "based upon their national origin. Each plaintiff Is a U.S. citizen of Mexican National origin, the suit says.

Each of the plaintiffs allege to have been terminated from employment with Manatt's at its Knoxville work site between October and November 2007. Their lengths of employment range from just over a year to more than three years.

The lawsuit alleges that during the course of their employment, they were each "constantly harassed and discriminated against by their supervisors at the employment site due to (their) national origin. The men claim they complained and voiced opposition to the harassment and their national origin was a "determining factor" in their terminations.

The suit also alleges that Manatt's was negligent by not providing a safe working condition and that that breach of duty was a proximate cause of their injuries.

"The defendants' actions were done with malice and with reckless indifference to their federally protected rights," the lawsuit alleges.

The suit claims that each of the men have suffered mental and emotional harm and physical manifestations thereof, humiliation, embarrassment, fear, loss of enjoyment of life, lost wages and benefits. They are seeking actual and punitive damages, as well as attorney fees and costs.

The four plaintiffs are being represented by Marshalltown attorneys Ethan Kaplan and Chad Frese. They have requested a jury trial.

Manatt's has yet to respond to the complaint filed in federal district court.

City releases budget cutting documents, but not due to NI report

By PETER HUSSMANN

While I'd like to take credit for the City of Newton's sound decision to see the sunlight and release the budget cutting documents referred to by council and staff at last night's special meeting, I can't.

At the same time I was lamenting the city's decision (my previous post) to bar access to the public documents that outline the proposals currently under consideration to cut 8 percent from next fiscal year's budget, city staff was considering the necessity of keeping the document confidential. Realizing that public discussion of the contents of the previously classified report relegated its "nonpublic record" classification moot, city officials were notifying council members of its decision to make the document available for public inspection. Our paths crossed, so to say.

Newton City Attorney Darrin Hamilton contacted the Newton Independent shortly after 3 p.m. today to say they planned to release the information - prior to and not in consideration of the remarks outlined in the NI's report.

Hamilton verified that the city was using the advice of Iowa Attorney General Tom Miller in previously classifying the budget cutting report to the city council a classified document not subject to Iowa's open record laws. Miller has told state departments that "draft" reports produced by government agencies were never intended by the Iowa Legislature to fall under the parameters of the Iowa Open Record laws. Hamilton said he was using that advice -though the attorney general has issued no formal opinion on the matter - in making the city's budget cutting report confidential prior to the discussion of its contents at Monday's meeting.

Iowa's Freedom of Information Council and media groups disagree with the attorney general's rationale in reaching such a conclusion, noting no specific exemption for "draft" documents is listed in state law pertaining to open records. The issue will likely need judicial review, the groups say.

Hamilton said it's likely another confidential "draft" document will be forthcoming prior to the council's resumption of budget reduction talks Feb. 9.

"Don't be surprised if other documents are considered 'drafts,'" he said.

City blocks NI's access to staff budget cutting reports; 'draft' documents not public records

By PETER HUSSMANN

The City of Newton appears to be taking a page out of the play book of Iowa Gov. Chet Culver when it comes to the release of information that by all rights should be public.

Last year, the Iowa governor came under fire when he would not release a draft report on Iowa's housing needs following the summer's flooding. And in December Culver took heat from some quarters for failing to release a list of recommended budget cuts given to him by state department heads.

Those precedents by the governor appear to be the legal legs the city is standing upon for refusing to release to the Newton Independent a copy of the prepared documents council members were referring to during last night's special meeting on proposed citywide budget cuts.

Earlier today, I stopped at City Hall to ask for a copy of budget cutting proposals given to the council by city staff. I had planned to replicate the information provided to council on this Web site in order to allow local residents an opportunity to peruse the options under discussion. My effort was thwarted when I was told the papers council members were seen shuffling on TV and openly discussing in front of the camera could not be released because they were merely "draft" or "preliminary" documents.

Huh? I asked that the city attorney give me a call to specify which section of Iowa Code he was utilizing to make the confidentiality claim. That was this morning and no calls yet.

Iowa Code Chapter 22.1(3) defines a public record as follows: "all records, documents, tape, or other information, stored or preserved in any medium, of or belonging to this state or any county, city, township, school corporation, political subdivision, nonprofit corporation other than a county or district fair or agricultural society, whose facilities or indebtedness are supported in whole or in part with property tax revenue and which is licensed to conduct pari-mutual wagering pursuant to chapter 99D, or tax-supported district in this state, or any branch, department, board, bureau, commission, council, or committee of any of the foregoing. Public records also includes all records relating to the investment of public funds including but not limited to investment policies, instructions, trading orders, or contracts, whether in the custody of the public body responsible for the public funds or a fiduciary or other third party."

I don't see the "draft" or "preliminary" document exception anywhere in there.

It appears the source of this new-found method for curtailing the public's right to know is coming from none other than Iowa's top law enforcement official - Attorney General Tom Miller (who, ironically, announced earlier this month how he planned to work to better enforce Iowa's open record and open meeting laws.)

Kathleen Richardson, head of Iowa's Freedom of Information Council, weighed in when I asked. In an e-mail early this afternoon, Richardson said the issue of draft document exclusions to Iowa's open records law is becoming more and more "contentious" but points to Miller's office as the source of this new-found alleged exemption.

"The attorney general's office has been maintaining for awhile now that there is a distinction between public records that can be released and 'draft' or 'preliminary' public records, which a government body can (keep) confidential," Richardson wrote. "I'm not sure what the legal rationale is for that stand, but the AG's office is starting to advise ITS 'clients' (state agencies) that they can withhold some e-mails as 'draft' records."

Richardson goes on to state that the "FOI council and friends" maintains that "the language in the public records law (mentioned above) is pretty clear."

"This is everything, including so-called 'draft' documents. Anything less would be a slippery slope that would allow agencies to withhold what they wanted if they labeled the information 'draft.'"

The assistant professor in Drake University's School of Journalism and Mass Communications noted a statewide committee's review of the open records/open meetings law during last year's legislative session where the issue came up.

"Indeed, when the Legislature was debating a rewrite of the public meetings and records law last spring, a big point of discussion was a provision that allowed confidentiality for 'draft' documents - and nobody, including the law professor who claims to have written Chapters 21 and 22, claimed that those 'drafts' were already confidential. We anticipate that this issue will come to a head soon, either in the Legislature this session or in the context of a lawsuit."

"Indeed" indeed. I have never understood local government's penchant for secrecy. And this case is even more mind-boggling because the contents of the document were openly discussed at last night's meeting and thoroughly reported upon in this media avenue and by other local news agencies. Could someone please help me understand.

Jasper County's unemployment rate jumps in December; state sees increase too

By PETER HUSSMANN

Jasper County's unemployment rate took a turn for the worse in December as the total resident employment levels fell to their lowest point in two years.

The unemployment rate in the county last month stood at 7.7 percent, up from 7 percent in November, statistics released by the Iowa Workforce Development office this morning indicated. Statewide, the unemployment rate rose to 4.6 percent in December from 4.3 percent the month before. Nationally, the U.S. unemployment rate rose to 7.2 percent in December as businesses across the nation reduced their workforces in response to the growing economic recession. On Monday alone, more than 70,000 job cuts were announced by companies across the country.

While Jasper County's unemployment rate rose in December, it is still well below the rate from a year earlier. In December 2007, the county's unemployment rate stood at 9.5 percent, the highest in the state. For December of 2008, Jasper County's rate stands tied with Lee County in far southeastern Iowa for fourth worst. Winnebago (8.5 percent), Hancock (9.1 percent) and Allamakee (8.6 percent) counties reported higher rates for the month.

State workforce officials blame the statewide rise on the recent spate of layoffs announced by Iowa companies with more expected to come.

"An acceleration in layoffs toward the end of the year was responsible for the large increase in the December unemployment rate," said Elisabeth Buck, director of Iowa Workforce Development. "The most difficult six months of the current downturn will be the just-completed fourth quarter and the first quarter of 2009."

The total number of working Iowans dropped to 1.59 million in December, its lowest level since August 2007. The estimated number of unemployed Iowans reached a 2008 peak of 77,100 in December. The level is 5,400 higher than November and 13,200 higher than a year ago.

In Jasper County, the number of people working dropped 250 from November to December to 16,190. The high point for working county residents came in February when resident total employment stood at 16,990. At that time, however, the county reported a 7.9 percent unemployment rate. In January 2008, the county recorded its highest unemployment figure of 9.2 percent. Its low point was 6.7 percent in May. For the year, the average unemployment rate for the county stood at 7.4 percent, up one full percentage point from the year before.

A map showing the state's December unemployment rates year-over-year can be viewed here.