Urbana police chief sues city, saying it’s violating state law

URBANA — The Urbana police chief is suing the city for retaliation and other claims for being placed on paid administrative leave after he accused the mayor and city clerks of violating Iowa law by allowing the city clerk to be his supervisor.

The suit asserts Jennifer Burkhart, who is the city clerk in the city of 1,550, was allowed by the mayor to perform duties of a city administrator, and that Burkhart and Melissa Holthaus, a deputy city clerk, attempted to “control and supervise” the activities of Police Chief Joshua Baker without authority.

The city’s ordinance only gives that authority to the mayor, according to the lawsuit filed earlier this week in Benton County District Court.

The suit also contends the city never adopted an ordinance to create a position of city administrator or give any powers to a city administrator.

Burkhart, the lawsuit states, has no experience managing or overseeing operations of a city or a department, but the city council authorized she be paid $80,000 a year, plus benefits, the suit states.

Burkhart and Holthaus, who were friends, started complaining about Baker’s activities as chief in October and November 2023, according to the suit. Baker, during his patrol duties, would give “ride-alongs” to citizens or others interested in public safety, which is a common practice in police departments.

Holthaus complained to then-Mayor Mitch McDonough, Baker’s supervisor, on Oct. 18, 2023, and McDonough declined to stop the practice. He said there was no evidence of any wrongdoing by Baker.

The lawsuit asserts Holthaus “angrily confronted” Baker and demanded he stop the ride-alongs, accusing him of “not doing his job.”

Burkhart was present during this confrontation, and on Nov. 8 she told Holthaus to pull all the “incidents” with Baker in writing, the suit states.

That same day, Holthaus and Burkhart “falsely” accused Baker of taking about 15 minutes to respond to a call for service, but Benton County dispatch logs show Baker responded within five minutes, the suit asserts.

The suit contends that Burkhart over the following months continued to try to supervise and “micromanage” Baker.

Lawsuit

Download: Joshua Baker suit.pdf

New mayor

In January 2024, Gary Benson was sworn in as the city’s new mayor, and Baker met with him to explain how the law prohibited Burkhart from supervising the police chief. He gave Benson a copy of the appropriate Iowa law.

Baker, “within days of contacting” Benson and City Attorney Brian Fagan, received a document with 12 concerns prepared by Burkhart that she wanted to address at the next council meeting on Feb. 7, 2024, the suit states. The document identified ride-alongs, timesheets, patrol activities, reserve officer parking and several police-related matters.

The suit contends the document “falsely” stated the city had adopted an ordinance that allowed the city administrator to supervise all employees, including the police chief.

The document wasn’t on the agenda at the next council meeting. Instead, Benson, the new mayor, again “falsely” claimed the city had previously adopted the ordinance and said those items would be discussed by Burkhart and Baker in private.

Baker became more concerned because his work environment became “increasingly hostile, making it difficult to perform his job,” according to the suit.

Job evaluation

On April 5, 2024, Benson told Baker the council would be conducting his performance evaluation at its next meeting April 10. According to the suit, Baker had never had a performance evaluation in the past.

Baker’s performance evaluation wasn’t on the April 10 agenda, but he was given a written notice that he was being placed on administrative leave with pay “while the city evaluates its options for law enforcement.”

Baker contacted the city April 12, stating his placement on administrative leave violated Iowa law, regarding due process protections for police officers, according to the suit.

The suit contends, based on agendas and minutes, the city council attempted to adopt an ordinance on April 2, 2024, giving supervisory duties to a city administrator, which was several months after Baker complained of Burkhart’s improper supervision of him.

The council didn’t adopt the ordinance because only three council members were present and four votes were needed, the suit asserts.

Benson and Burkhart, the lawsuit claims, continued to retaliate against Baker for disclosing their “mismanagement, abuse of authority and violations of law.”

The suit asserts Burkhart wouldn’t allow Baker to accrue comp time earned for overtime and altered Baker’s timesheets without his permission, with Benson signing off on those.

Baker, through his lawyer, notified the city on April 24 of this illegal activity, but the city refused to pay those wages until June 14.

Baker’s lawyer, Kellie Paschke of West Des Moines, said Baker, who lives in Cedar Rapids, remains on paid leave.

Benson, the mayor, declined to comment on the lawsuit.

Baker’s lawsuit demands a jury trial and damages, including lost wages benefits, harm to reputation and future employment prospects, emotional distress and lawyer fees.

Comments: (319) 398-8318; trish.mehaffey@thegazette.com