Former legal assistant sues Linn County, prosecutors over alleged sexual harassment, retaliation

CEDAR RAPIDS — A former legal assistant filed a lawsuit last week against Linn County, Linn County Attorney Nick Maybanks and an assistant prosecutor for sexual harassment and retaliation.

Bonnie Waller, who was hired in July 2021 by former Linn County Attorney Jerry Vander Sanden, in her lawsuit alleges soon after she started working in the office, assistant prosecutor Monica Slaughter was preoccupied with Waller’s body, making comments about her, inappropriately touched her and, the suit alleges, Slaughter exposed herself to Waller in September during an incident regarding a surgical scar.

According to the suit, Waller protested and insisted she didn’t want to see it.

She is suing the county and the prosecutors for sexual harassment, retaliation, retaliatory in violation of public policy, and violation of the whistleblower statute, according to the lawsuit filed Nov. 14.

“The County intends to vigorously defend itself and we will file a response and answer to Ms. Waller’s claims denying liability or wrongdoing,” Linn County said in a statement. “Linn County and its officials investigated Ms. Waller’s allegations and took appropriate action based on the internal review. The County will not comment further on pending litigation.”

According to the lawsuit, Waller in October 2022 reported the sexual harassment to Maybanks, who had been appointed the top prosecutor after Vander Sanden retired in December 2021. Maybanks suggested he and Waller should have a meeting but afterward he continued to have Slaughter directly supervise Waller and nothing changed in the office, the suit states.

Waller said Slaughter’s harassing behavior continued.

On Oct. 18, 2022, Waller met with Maybanks and Lisa Powell, Linn County human resources director, and asked details about her complaint against Slaughter and told her they would have a third party — an independent source — investigate.

The suit contends Waller felt “attacked, blamed, disbelieved and revictimized” because Maybanks and Powell questioned how the incident involving Slaughter exposing herself happened. Maybanks also said Slaughter wasn’t “officially” Waller’s direct supervisor at that time.

In November 2022, Slaughter wouldn’t allow Waller to help another prosecutor with a trial and told her it was her “top priority” to listen to phone calls to and from the jail and transcribe them.

According to the lawsuit, Waller wasn’t happy about the assignment and would have preferred to help prosecutors prepare for trials.

Waller complained to Powell about Slaughter’s “retaliation” against her, but Powell told her on Nov. 28 that continuing to work with Slaughter was simply part of Waller’s job duties.

After Waller reported Slaughter’s behavior and the ongoing investigation was underway, many of Waller’s co-workers treated her with hostility and the other prosecutors wouldn’t give her much work to do, the suit contends.

The independent investigator, according to the results sent to Waller on Jan. 19, 2023, found that while Slaughter engaged in behavior “inappropriate, offensive and unprofessional,” determined it wasn’t sexual harassment because Waller wasn’t offended by Slaughter’s behavior and Slaughter exposed herself “without sexual intent.”

The suit contends Waller continued to complain to Maybanks about being uncomfortable reporting to Slaughter but he didn’t change the situation.

On May 5, Powell and Maybanks placed Waller on administrative leave of indeterminate length, following incidents of Waller listening outside a door to a meeting between Maybanks and Slaughter, and Waller going to the courthouse after hours.

During the after-hours visit, Waller went into Slaughter’s and Maybanks’ offices without apparent reasons for being there.

According to the suit, Waller told Maybanks she felt like she “was under surveillance at all times, even at home,” due to “Slaughter’s power in the community” and Maybanks backing her.

Maybanks told her it was “inappropriate” to enter his office like that and he felt his privacy had been “violated and threatened,” the suit states.

On May 19, Maybanks scheduled a follow up investigative interview with Waller and told her no disciplinary action was being taken, but he gave her a Garrity warning — advisement of rights given to public employees that explains an employer can use their statements in a criminal action.

Maybanks showed Waller video footage of her walking into Slaughter’s office on May 4, according to the suit. He asked why Waller had lied about going into Slaughter’s office and she said she wanted to confirm that Slaughter had a “secret” recording device, which Waller said was against county policy.

Maybanks said Slaughter had set it up for her own “protection.”

Maybanks told Waller she would remain on administrative leave and Waller asked him to clarify if she was in trouble because of going into the offices after hours and he said “this is whole bigger issue.”

Waller had a Loudermill hearing — an opportunity for a public employee to hear their employer’s evidence and present their case before discipline is imposed — on July 27.

Waller was fired July 28, for eavesdropping, recording a meeting, entering attorneys’ offices, dishonesty and her conduct with regards to an internal investigation, according to the suit.

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