Former Cedar Rapids Animal Care & Control manager files wrongful termination suit

CEDAR RAPIDS — A former Cedar Rapids Animal Care & Control shelter manager is suing the city for alleged wrongful termination after she reported issues at the city-run shelter to state officials.

Attorneys for former shelter manager Rachel Smith filed the lawsuit on Friday afternoon, calling for Smith’s immediate reinstatement as shelter manager with backpay.

The suit — filed against the city and two of its employees — alleges Smith was fired for reporting persistent mold and other structural issues at the facility to a state inspector, who upon reinspection ruled the shelter out of compliance with state standards.

The city “unlawfully terminated Smith’s employment in retaliation for Smith disclosing the mold and moisture to the appropriate state authority,” the suit states. That “course of conduct amounts to a knowing, willful and wanton disregard for the rights and safety of others.”

The city hired Smith as shelter manager in February, prior to which she had worked as an animal care and control officer in Denver, Colo. In total, she has roughly eight years of experience in animal welfare.

At the time of her hiring, the suit states city officials told Smith she would “be supported in her efforts to bring broad and drastic improvements to the shelter” where they warned Smith of issues related to staffing shortages, high turnover and mold in the lobby area.

The suit alleges Smith attempted to address those issues — and others identified after her hiring — during her time as shelter manager, but that lagging support from city officials prevented realistic change.

On Aug. 15, the Iowa Department of Agriculture and Land Stewardship (IDALS) conducted an unannounced inspection of the Cedar Rapids Animal Care & Control facility and found one non-compliant item related to out-of-date paperwork for the shelter’s foster program.

Smith then contacted the inspector on Aug. 18 to notify her of issues not identified during the initial inspection, including excessive moisture and mold.

“Smith reported (issues) in the shelter to the inspector because the city had allowed the shelter to fall into disrepair,” the suit states. “Smith also reported these issues because she believed the inspector could help provide suggestions on how to remediate the issues in a cost-effective manner.”

A second inspection took place the next day, and the inspector identified six additional non-compliant items including inadequate ceiling maintenance, high humidity and condensation in canine rooms, lack of ventilation in enclosures and multiple issues related to the appearance of mold.

Smith outlined her report to IDALS in an Aug. 20 email to her then-supervisor, and two days later she was called in for a disciplinary meeting.

During that meeting, the suit states Smith was questioned about her motivation and timeline related to reporting issues to the state inspector. At the meeting's conclusion, she was told the city would be terminating her employment.

In the suit, Smith’s attorneys argue her termination was done in violation of state code and public policy prohibiting adverse action against employees for disclosure of information believed to show mismanagement or danger to public health and safety.

In a written statement, a city representative on Monday said the city is unable to comment on specific personnel matters beyond stating that “the city continues to await the results of the independent attorney conducting a thorough review of the circumstances and remains committed to upholding fair and lawful employment practices in all cases.”

The city took several steps over the summer months in response to issues at the shelter, including the approval of additional full- and part-time positions to help address staffing issues.

The shelter passed a Sept. 4 reinspection after it showed it had either addressed or was in the process of addressing all seven issues outlined during earlier IDALS visits.

At that time, a vendor had been hired to perform mold mitigation, and the city was installing better ceiling tiles and adjusting building temperatures to prevent additional problems with mold in the future.

The city also is working with a third-party consultant to conduct an independent review of the shelter, and those findings will be presented to city officials for review and discussion later this fall.

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