Linn County approves settlement in sex harassment, retaliation lawsuit

CEDAR RAPIDS — Linn County approved a settlement agreement Wednesday in a lawsuit filed by an former legal assistant against the county and initially against two prosecutors, claiming sexually harassment and retaliation.

Details of the settlement were not available to the public until the suit had been formally dismissed by a judge, but Linn County government officials confirmed it was settled.

“While Linn County strongly disagrees with her characterization of the case, and denies any legal wrongdoing, we decided that settlement was in the best interest of the taxpayer to avoid lengthy and expensive litigation,” Linn County said in a statement.

Linn County Attorney Nick Maybanks said Wednesday he would “defer to the Linn County Communications Department for any further comment on this matter.” He and Assistant Linn County Attorney Monica Slaughter were removed as defendants Monday, before the settlement was approved, without prejudice by lawyers for plaintiff Bonnie Waller, according to court documents.

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Lawyers for Waller, a former legal assistant in the County Attorney’ Office, didn’t immediately reply to an email request for comment.

Waller began working in the office July 26, 2021 after being hired by then-Linn County Attorney Jerry Vander Sanden. She was fired for engaging in misconduct July 28, 2023.

She filed her petition in November 2023.

Waller, in the lawsuit, asserted Slaughter was preoccupied with Waller’s body, making comments about her, inappropriately touched her and exposed herself to Waller in September 2023 during an incident regarding a surgical scar. According to the suit, Waller protested and insisted she didn’t want to see it.

She sued 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.

After the suit was filed, Linn County officials denied liability or wrongdoing.

“Linn County and its officials investigated Ms. Waller’s allegations and took appropriate action based on the internal review,” the county previously said in a statement.

According to the lawsuit, Waller in October 2022 reported sexual harassment to Maybanks, who was appointed to the position 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 stated. Waller said Slaughter’s harassing behavior continued.

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

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.

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

On May 5, 2023, Powell and Maybanks placed Waller on administrative leave following incidents of Waller listening outside a door to a meeting between Maybanks and Slaughter, and Waller going to the courthouse after hours, her suit said.

During the after-hours visit, Waller went into Slaughter’s and Maybanks’ offices without apparent reasons for being there. Maybanks told her it was “inappropriate” to enter his office like that and he felt his privacy had been “violated and threatened,” the suit stated.

On May 19, 2023, 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 — an advisement of rights given to public employees that explains an employer could use their statements in a criminal action.

Maybanks showed Waller video footage of her walking into Slaughter’s office on May 4, 2023, according to the suit. He asked why Waller wasn’t truthful about going into Slaughter’s office. She said it was because she wanted to confirm for herself that Slaughter had a “secret” recording device — which Waller said was against county policy. Maybanks said Slaughter had set up the device for her own “protection.”

A hearing was held July 27, 2023, where Waller could hear evidence gathered by her employer and present a case before discipline was imposed. Waller then was fired July 28, 2023, for eavesdropping, recording a meeting, entering attorneys’ offices, dishonesty and conduct with regards to an internal investigation, according to the suit.

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