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Former Muscatine city administrator sues over his termination
By David Hotle, Muscatine Journal
Mar. 31, 2021 8:49 pm
MUSCATINE - Former Muscatine City Administrator Gregg Mandsager is suing the city and several council members, claiming he was wrongfully terminated in December 2019.
He also alleges disability discrimination and retaliatory and vindictive conduct by the mayor and city council.
Mandsager is seeking damages in the lawsuit against Mayor Diana Broderson, council members Kelcey Brackett, Osmond Malcolm, Nadine Brockert and former council member Santos Saucedo - the five who voted to end his contract.
'What do you get when you dedicate over a decade of your life to the city of Muscatine in the role of city administrator?,” asks the lawsuit, filed in mid-February in Muscatine County District Court.
'If you're Gregg Mandsager, you get wrongfully fired and terminated from your employment,” it continues. 'If you are Gregg Mandsager, you get retaliated against by a lame-duck city council and a mayor, resulting in you being wrongfully terminated …”
Mandsager had been city administrator since 2009 and had been given a recent pay increase after a performance evaluation.
The Muscatine City Council at an Oct. 17, 2019, meeting cited concerns about a document Mandsager had required city workers to sign, saying they had to report to him any work-related conversations they had with elected officials.
A city ordinance - that prohibited elected officials from directly communicating with city staff about work-related issues - had been updated to allow meetings and work-related conversations.
At a Dec. 5, 2019, council meeting, Brackett cited a lack of confidence in Mandsager's ability to act as city administrator, saying there had been several times when Mandsager had been given directives by the council but continued doing the opposite. The lawsuit said no specific example was cited.
Mandsager was on medical leave and not present when the vote to end his contract was taken. The lawsuit said Mandsager was being treated at the Mayo Clinic and his condition constituted a disability.
After the meeting, a citizen objected to not being given a chance to speak on Mandsager's termination. Broderson said she had accidentally skipped over the public comment on the agenda, but that she would not have allowed the public to speak on the issue because it involved a city employee.
In January 2020, Mandsager appealed the order of removal, requesting a hearing, but the hearing was continued due to COVID-19 concerns. The council has since hired Carol Webb as city administrator.
Mandsager claims in the lawsuit he was the victim of defamation, intentional recklessness or negligent infliction of emotional distress by Broderson, alleging Broderson would say he was part of a 'good ol' boys club.”
The lawsuit also alleges a civil conspiracy, claiming the defendants had conspired to have him terminated.
The city responded to the lawsuit March 25, denying many of the allegations, saying many were hearsay.
The lawsuit comes after the settlement of earlier lawsuits filed by Broderson and Mandsager, alleging defamation. Broderson received $75,000 and Mandsager had received $50,000. In November 2017, Mandsager filed the initial defamation lawsuit against Broderson, alleging slander or libel during her first term as mayor and subsequent removal from office May 2017. She was re-elected as mayor in November of that year.
Gregg Mandsager, the former Muscatine city administrator, is seen at a Muscatine city meeting. He is suing the city and five council members for wrongful termination. (Muscatine Journal)
Muscatine Mayor Diana Broderson walks out of council chambers in May 2017 after the Muscatine City Council voted to impeach her. She was removed from office that month but ran for office and was re-elected in November. (Beth Van Zandt/Muscatine Journal)