Sellz V Busard Lawsuit

E-FILED 2018 JUL 23 4:10 PM JOHNSON - CLERK OF DISTRICT COURT
IN THE IOWA DISTRICT COURT

FOR JOHNSON COUNTY
SHANTI SELLZ, ) No. ________________
)
Plaintiff, )
) PETITION AT LAW
)
vs. )
)
JOSH BUSARD, )
JOHNSON COUNTY, )
JOHNSON COUNTY BOARD )
OF SUPERVISORS, )
ROD SULLIVAN, )
JANELLE RETTIG, )
LISA GREEN-DOUGLAS, )
MIKE CARBERRY, )
) JURY DEMAND
)
Defendants. )
I. INTRODUCTION
1. The Plaintiff, Shanti Sellz, files this Petition after her supervisor, Josh
Busard, fired her after she filed a grievance relating to an assault she sustained by
her supervisor, Josh Busard, on May 17, 2017. In response to her grievance,
Defendant Josh Busard retaliated against Sellz through defamation, disciplinary
actions, isolation, change in conditions of employment, and ultimately, through
recommending termination of her employment after medical leave of absence was
recommended by her Nurse Practitioner, Kathrine Devine, because the conditions
of her work environment were negatively affecting her physical and mental health.
From the date of the assault through their ultimate termination decision, the
1
Johnson County Board of Supervisors refused to talk with Sellz, or her lawyer to
address the serious misconduct committed by Busard, or to provide her a hearing
relate her experiences regarding the assault and her concerns for her safety in the
workplace, as well as correct the false allegations Busard had made against her that
affected the Board of Supervisors decision to uphold termination.
Defendants terminated Sellz’ employment in interference with and in
retaliation for Sellz taking action protected by state and federal law. Defendant’s
actions violated the Family Medical Leave Act, as well as 42 U.S.C. § 1983, Title
VII of the Civil Rights Act, 42 U.S.C. § 2000 et seq., and the Iowa Civil Rights
Act of 1965, Iowa Code Ch. 216, the State Whistleblower Law Iowa Code §
70A.29, and the Public Policy of the State of Iowa relating to reporting acts of
workplace violence to law enforcement and to supervisory personnel. Plaintiff
seeks damages for lost compensation in the form of wages, benefits, and bonuses;
liquidated damages; damages for future pecuniary losses, emotional pain,
suffering, inconvenience, mental anguish, loss of enjoyment of life, and other non-
pecuniary losses; punitive damages; and attorney’s fees and court costs.
II. PARTIES
Plaintiffs
2
2. Shanti Sellz was hired in October of 2015 to be the first Johnson
County Local Foods and Planning Specialist. The Johnson County Board of
Supervisors terminated her employment in October of 2017. She currently resides
in Johnson County, and works as a vegetable farmer.
Defendants
3. Josh Busard was Shanti Sellz’ supervisor, and works as the Director
for the Johnson County Planning, Development, and Sustainability (hereinafter
“PDS”).
4. Busard is sued in his individual and official capacities for all Counts
in which he is a Defendant.
5. For all actions described herein, Mr. Busard was an employee and
agent of the County, acting at all material times within the scope of his
employment and agency.
6. The Johnson County Board of Supervisors consists of five board of
supervisors, representing Johnson County, a political subdivision for the State of
Iowa. (hereinafter “Board”). The Board is sued in its official capacity for any
actions taken as a Board.
7. Johnson County is a political subdivision of the State of Iowa.
3
7A. Johnson County is “employer” for purposes of the 29 U.S.C. § 2611
(4) (A) of Family Medical Leave Act; 42 U.S.C. § 2000e(b) of Title VII; and Iowa
Code 216.2.
8. Rod Sullivan is a Supervisor for Johnson County. He is sued in his
individual capacity for all Counts in which he is a Defendant
9. Lisa Green-Douglas is a Supervisor for Johnson County. She is sued
in his individual capacity only for all Counts in which she is a Defendant
10. Janelle Rettig is a Supervisor for Johnson County. She is sued in his
individual capacity for all Counts in which she is a Defendant
11. Mike Carberry is a Supervisor for Johnson County. He is sued in
individual capacity for all Counts in which he is a Defendant.
12. Supervisor Kurt Michael Friese recused himself from any action
described herein due to his prior commercial relationship with Ms. Sellz. Thus, he
is not named as a Defendant.
13. At all times herein, the Rod Sullivan, Janelle Rettig, Mike Carberry,
and Lisa Green-Douglas were employees and agents for Johnson County.
III. VENUE
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14. Venue is proper in Johnson County as all acts have taken place in
Johnson County Iowa, and all Parties reside here.
IV. JURISDICTION
15. The amount in this case exceeds the jurisdictional amount for small
claims. Plaintiff seeks more than $5,000.00.
V. JURY DEMAND
16. Plaintiffs seek jury demand for all legal claims alleged herein.
VI. COMMON OPERATIVE FACTS
17. In October 12, 2015, Shanti Sellz was hired to be the first Johnson
County Local Foods and Planning Specialist.
18. The purposes of the position was three fold: (1) to promote local food
production; (2) to identify code and ordinance changes that could facilitate local
food production; and (3) to assist non-profits and other entities in addressing
hunger related issues through local food production and skill development.
19. Sellz came to this position highly qualified and with strong
recommendations from previous employers. She was chosen for the job from a
pool of over 60 candidates.
5
20. Rick Devorak hired Sellz in Oct, 2015 as the Director of the Johnson
County Planning, Development and Sustainability Department (PDS).
21. Josh Busard became Sellz's supervisor when he replaced Devorak as
Director of PDS upon Devorak's retirement in May 2016
22. Busard had engaged in some isolated inappropriate comments prior to
May of 2017, but nothing rising to the level of harassment or violence. For
example, he once during a work meeting referred to nursing mothers as “milk
cows.” On another occasion, he admonished Sellz for working too closely with the
Sudanese Community, warning her to “be careful with the Sudanese.”
23. During this time period (Oct. 2015-May 17, 2017), Sellz received
positive job reviews from the Board and from Busard.
MAY 17, 2017 ASSAULT
24. On May 17, 2017, Busard became physically aggressive towards Ms.
Sellz.
25. At about 9:30am, Sellz dropped in to discuss her use of flex time after
Mr. Busard had expressed concerns about her use of flex time.
26. Busard appeared agitated and stressed, asking her multiple times
about how she had used flex time. Each time she tried to answer, Mr. Busard
interrupted.
6
27. Suddenly, without warning, Mr. Busard then lunged across the table
with an open hand as if intending to strike her person.
28 Busard came within 18-24 inches of her person before regaining
control.
29. Busard, without justification, intended to place Sellz in fear of
immediate physical contact, which would be painful, injurious, insulting, or
offensive.
30. It appeared he had the apparent ability to do that act as he was merely
18-24 inches of her person.
31. Sellz was extremely distraught over the assault.
32. Sellz verbally reported the assault to DJ Castelein on May 17th, at
1:30 pm. Castelein took personal notes of Sellz’s report.
33. On the morning of May 18, 2017, Sellz filed a written grievance to
Lora Shramek, and DJ Castelein, who are both responsible for human resources for
Johnson County. See Attachment Ex. 1 - Sellz Grievance
RETALIATION BEGINS
34. After Sellz filed her grievance, Busard issued an order confining her
to the Johnson County Building during work hours, barring her from attending
Johnson County Food Council Meetings, and requiring her to cancel important pre-
approved meetings that were consistent with her Board of Supervisor approved
7
work plan such as a Iowa regional food systems policy meeting for which she was
an organizer.
35. On May 18, 2017, Sellz requested remedial measures from Ms.
Castelein and Shramek, requesting that Mr. Busard have no contact with Sellz
pending investigation of her grievance against Busard, and that she report to an
alternative supervisor in a different department where she would not be subject to
Busard’s aggression.
36. No action was taken on that initial request.
37. On May 23, 2017, Sellz met with human resource officials, DJ
Castelein and Lora Shramek, about reporting to an alternative supervisor because
she did not feel safe in her office due to Busard’s continued aggression and
hostility.
38. Shramek and Castelein declined the request telling her that there was
nothing that they could do and nowhere to put her within the County.
39. Nearly 30 days elapsed before the County formally addressed Sellz’
assault grievance.
40. Finally, on June 15, the day of the Sellz’s pre-termination hearing, HR
Director Lora Shramek delivered a written response to Sellz’s May 18th assault
grievance recommending counseling for Sellz and Busard. See Attached Exhibit 3
- Shramek Letter (June 15, 2017).
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41. The Letter stated: “Our recommendation is that Josh Busard and you
work through issues with the help of a counselor from Synchrony and access the
Employee Assistance Program,” and also, that “Human Resources is also available
to facilitate a message exchange.” Id.
42. The Letter concluded that “personal counseling is encouraged for Josh
and you.” Id.
43. On May 24, 2017, Sellz reported the workplace assault to Sgt. Randy
Lamm of the Johnson County Sheriff’s Department.
44. Lamm contacted County Attorney Janet Lyness about the assault
report, and in response, Lyness told Lamm that Sellz “voluntarily” stayed under
Busard’s supervision.
45. Lamm reported Lyness’ comments to Sellz about her “voluntary”
decision to stay under Busard’s supervision.
46. Lyness’ comments surprised Sellz because they were not true.
47. Consequently, Sellz directly emailed Lyness, stating the following:
I am writing you directly today because it was indicated to me

by Sgt. Randy Lamm that when he spoke to you regarding the
assault, you told him HR informed you that I am comfortable
continuing to work under Josh and am comfortable staying in
this office pending the investigation. I want to reiterate that
the information you received from HR is not accurate, and I
continue to work in an environment where I fear for my
physical safety and is causing me a tremendous amount of
emotional and physical stress. For HR to tell you otherwise
is entirely false.
9
See Attached Ex. 2 - Sellz Email to Lyness (June 1, 2017) (emphasis in
original).
48. Lyness did not respond to Sellz’s concerns in anyway.
49. Busard continued to retaliate against Sellz.
50. Busard wrote up two disciplinary reports against Sellz on June 1 and
June 5 for “insubordination” and “misconduct.”
51. Due to the stress associated with the assault, coupled with the
isolating tactics used by Busard, Sellz began to experience physical and mental
symptoms including sleeplessness, nausea, and panic attacks at work.
52. On June 5, 2017, Sellz’ medical practitioner, Kathleen Devine,
provided written authorization allowing medical leave through June 12, 2017.
53. On June 7, 2017, Nathan Mueller, Busard’s subordinate, wrote up a
second disciplinary action; however, Sellz did not receive that write-up until June
12th via email.
54. As Sellz’ sick leave reached its conclusion, she still could not return
to work due to the psychological and physical symptoms she was experiencing,
which were especially heightened and exacerbated in the toxic and aggressive
atmosphere created by Busard while she was work, and no other options were
offered to Sellz to return to a safe and violence-free work environment.
10
55. Accordingly, she sought temporary disability through the Johnson
County Human Resources Department.
56. At approximately 4:15pm, on June 12, 2017, Sellz requested short
term disability paperwork HR Director Lora Shramek.
57. Shramek replied that there was no short term disability offered by
Johnson County; however, she could apply for unpaid leave through the Family
Medical Leave Act (“FMLA”).
58. Shramek sent the FMLA paperwork to Sellz the next morning June
13th) at about 8:24am.
59. Sellz confirmed receipt, and asked her medical practitioner to fill out
the paperwork, which was done at about 12:50 pm on June 13, 2017
60. At around 4:30 pm June 13, 2017, Nate Mueller sent two emails to
Sellz confirming that she did not have sick leave or vacation time.
61. On June 13, 2017 at 6:30 pm, Busard issued a “pre-termination letter”
indicating that he intended to fire Sellz for excessive use of sick leave, and for not
using the proper channel to report her sick leave.
62. Busard claimed that Sellz should be fired because she was a “no
call/no show” on June 12, and that she did not use the “sick line” to call in sick.
63. On June 12, Nate Mueller called Sellz, asking about her whereabouts.
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64. Sellz replied that Busard would need to check with HR, and on that
same date, Sellz’ medical provider faxed in a letter to HR requesting two
additional weeks on June 12, 2017.
65. Thus, Sellz was fired, according to Busard, because she did not call
the sick leave line and instead, merely faxed in medical authorization to human
resources department.
66. Busard demonstrated his animus by even claiming that Sellz had
“doctored” the original medical note by changing the note from June 9 to June 12.
67. If Busard had bothered to ask Sellz for an explanation, he would have
found that this the date was merely an oversight by her medical provider, Kathleen
Device.
68. When asked to clarify, Devine explained in writing that the error in
question was of that of her office, and not the result of Sellz changing the note. See
Attachment - Ex. 4 - Devine Letter (June 20, 2017).
69. This represented the second time Busard had attempted to defame
Sellz. He also had accused her of changing “flex time,” which allows time off
when an employee works off hours during the evening for example.
70. That charge was completely false as Sellz had done so in response to
express direction from Busard to change her flex sheet to reflect the flex time that
12
had been taken, rather than what was on the original request submitted 1 week
prior.
71. Following his assault of Sellz and her grievance regarding the same,
Busard engaged in a defamatory campaign against Sellz through specious
disciplinary reports, isolation, intimidation, and preventing her from performing
her job as she had been doing less than two week prior.
72. Prior to this incident, Sellz was thriving as the Johnson County local
Foods and Planning Specialist and had no disciplinary history.
73. For example, Sellz presented her current scope of work to the Johnson
County Board of Supervisors during the March 30, 2017 board work session
meeting, which is publicly for available for reviewing by video. The Board of
Supervisors gave Sellz a strong job review and told her to “keep up the good
work.”
74. Thus, within 30 days, Sellz went from a thriving employee with
glowing job reviews to purportedly “troubled employee” who merited termination
according to Busard.
74A. It is believed, based upon the Board of Supervisors’ behavior in this
case and their sudden change of their perception of Sellz’ work, that Busard
communicated the defamatory statements in Paragraphs 66-71 to the Board of
Supervisors via writing and verbally.
13
75. As a government employee, Sellz had a right to what is called a
Loudermill hearing, which provides some procedural due process protections to
state employees to prevent wrongful termination as well as the interest in
protecting her reputation.
76. Busard was the decision maker for the Loudermill hearing as well as
the final decision maker before the termination recommendation to the Johnson
County Board of Supervisors.
77. Busard had an obvious conflict of interest.
78. To establish her claim that she was wrongfully terminated, Sellz had
to establish as a factual matter that Busard lunged at her with an open hand and
that he retaliated against her for filing an internal grievance to Johnson County HR
Department as well as her complaint to the local sheriff’s department.
79. This would require Busard to preside over his own case. He would
have had to find that he lunged at her in anger, nearly striking her person, and that
he retaliated against her.
80. Throughout the process, Sellz repeatedly requested Busard’s recusal
from the termination proceedings.
81. Busard refused.
14
82. Under the Johnson County Handbook, employees are entitled to a
review of a termination decision by a three person panel of fellow employees.
83. Busard chose Johnson County Attorney Janet Lyness to serve.
84. Sellz chose Travis Weipert, Johnson County Auditor.
85. Treasurer Tom Kriz as also selected to serve as well.
86. After learning that Lyness was going to serve on the panel, on July
25, 2017, Sellz’ counsel wrote an email to Lyness, asking her to recuse
herself or to find an alternate of comparable rank to preserve over the review panel
process.
87. Sellz did not believe that Lyness could both serve as lawyer for
Johnson County while serving on a peer review committee.
88. On July 25, 2018, the undersigned counsel sent an email lodging a
formal objection to Lyness’ participation on the panel and to Busard’s failure to
recuse himself.
89. Neither Lyness nor Busard recused themselves.
90. On September 17, 2017, the Grievance Panel recommended that Josh
Busard uphold his own findings that he did not assault Sellz, nor did he retaliate
her. They upheld Busard’s request for Sellz’s termination.
15
91. On September 22, 2017, Busard upheld his decision to terminate,
finding that he did not assault Sellz, or that he retaliated against Sellz for reporting
the assault internally as well as to law enforcement.
92. On September 28, 2017, Sellz filed her appeal to the Johnson County
Board of Supervisors.
93. The September 28 Letter outlined the multiple procedural infirmities,
alleging, inter alia, that:
A. that Sellz due process rights were violated because Busard refused to
recuse himself from termination decision due to the obvious conflict of presiding
over his own case;
B. that the Board refused to communicate with Sellz directly about the
abusive behavior of Busard against Sellz;
C. that the only substantive remedy offered by county was its
recommendation that Sellz participate in counseling with the Busard, which Sellz
viewed as astonishingly out of date policy; and
D. that no written factual findings had been made by a neutral decision
maker.
94. The September 27 Letter made two specific requests:
A. to make factual findings on whether it believed Busard
assaulted Sellz or not;
16
B. to determine whether the termination arose in retaliation for
Sellz reporting the assault.
95. Following the September 27 Letter, Sellz learned that the Board
would not allow closed session to address her termination or allow a hearing to
allow Sellz to address her claim.
96. In an October 10, 2017 Letter, Sellz reasserted her request for an
opportunity to address the Board and reasserted her concerns regarding the
process.
97. Sellz waited the entire meeting to address the Board of Supervisors
since she had no prior opportunity to discuss this matter with them. They did not
grant her the opportunity speak in that meeting.
98. In a unanimous 4-0 vote (Supervisor Friese recused himself), the
Board refused to allow Sellz to speak, and upheld termination without any
comment, with the exception of Mike Carberry, who appeared to lament the
termination.
99. Thus, after knowing about the assault for nearly four months, the
Board did absolutely nothing to address what happened.
100. It did not comment on the counseling remedy that was offered to Sellz
and Busard after the assault.
17
101. It did not explain why Busard presiding over his own case did not
violate basic norms of due process and fairness.
105. It did not express any concern over Busard’s aggressive, retaliatory,
isolating and abusive behavior toward his subordinate, Sellz
106. It did not express concerns over the County’s lawyer presiding over a
quasi-judicial panel while giving advice to the Board.
107. It did not explain how a highly performing employee with favorable
reviews as recent as April of 2017 all of sudden became a troublesome employee
abusing sick leave within two weeks of being assaulted by a supervisor, and
reporting that assault.
108. Following the termination, Sellz filed a complaint with the Iowa Civil
Commission Claim and with the Equal Employment Opportunity Commission
(“EEOC”). The Commission screened the case out, finding that there was not
enough evidence that Busard acted on account of Sellz’ sex.
109. On April 25, 2018, Sellz received a right to sue from the Civil Rights
Commission. See Attachment - Ex. 5 - Right to Sue Letter (April 25, 2018).
110. All civil rights commission remedies have been exhausted.
111. Sellz worked more than 1250 hours and at least 365 days prior to
seeking leave under the Family Medical Leave Act.
18
VII. CLAIMS FOR RELIEF
COUNT I: ASSAULT - JOSH BUSARD
112. Plaintiff asserts Paragraphs 2-111 as if set forth herein;
113. On May 17, 2017, Busard came within 18-24 inches of striking Sellz.
114. Busard, in lunging across at Sellz with an open hand, placed Sellz in
fear of immediate physical contact, which would be painful, injuries, insulting, or
offensive, to wit: Sellz feared being hit.
115. Busard had the apparent ability to execute the act.
116. If prosecuted criminally, Busard’s action qualify as a simple assault in
violation of Iowa Code Section 708.1 (2) (b).
117. Directly as a result of nearly being hit by her supervisor, coupled with
his continuing efforts to intimidate and isolate her, Busard’s actions caused Sellz
physical and emotional symptoms, including panic attacks, anxiety, sleepless,
nausea, and fear at her workplace.
118. She seeks nominal, compensatory and punitive damages against
Busard.
COUNT II: RETALIATION - JOSH BUSARD AND JOHNSON COUNTY
119. Sellz reasserts Paragraphs 2-111 as if set forth herein.
19
120. Iowa public policy protects communications with law enforcement
and internal communications with supervisors relating to reporting of workplace
acts of violence.
121. In this case, Sellz reported Busard’s assault to Johnson County
Sheriff’s office; County Attorney Janet Lyness, and to Human Resources via her
internal grievance procedure through the Johnson County Handbook.
122. Public officials such as Busard should not be able to retaliate against
subordinates for filing reports relating to bona fide reports of workplace violence.
123. In this case, after Sellz reported Busard for assault as outlined above.
124. After she did so, Busard retaliated against by:
A. isolating her in her office;
B. barring her from attending work related local foods related
events;
C. making up false claims against Sellz relating to her use of sick
leave;
D. writing up trumped up disciplinary reports against her;
E. in refusing to recuse himself throughout termination
proceedings; and
F. ultimately, terminating her employment.
125. Overnight, Sellz went from a highly performing employee with no
20
disciplinary report to losing her job after reporting Busard for the assault.
126. Sellz seeks nominal, compensatory and punitive damages for the loss
and restoration of her job.
COUNT III: RESPONDEAT SUPERIOR - JOHNSON COUNTY.
128. Plaintiff reasserts Paragraphs 2-111 as if set forth herein.
Johnson County is the employer of Mr. Busard.
129. Employers are liable for intentional torts committed by supervisory
employees against subordinates.
130. Plaintiff seeks nominal, compensatory, and punitive damages for the
acts committed by Busard as described in Count I and II.
COUNT IV: PROCEDURAL DUE PROCESS VIOLATIONS IN 5TH
AND 14TH AMENDMENTS TO UNITED STATES CONSTITUTION,
ARTICLE I, SECTION 9 OF THE IOWA CONSTITUTION. 42 U.S.C. §
1983. JOHNSON COUNTY, JOSH BUSARD, SULLIVAN, GREEN-
DOUGLAS, RETTIG, AND CARBERRY.
21
132. State employees have a right to termination process subject to
minimal requirements due process, including notice of violation, an opportunity to
present evidence, and a neutral decision maker.
133. Sellz also has a protected liberty and property interest in protecting
her reputation as an employee with Johnson County.
134. In this case, the only decision maker and fact-finder was Josh Busard,
the same person that assaulted Sellz, and retaliated against her.
135. In spite of repeated request for Busard to recuse himself, he refused.
136. For Sellz to prevent her termination, she had to persuade the decision
maker, Busard, that he, Busard, retaliated against her after Sellz reporting the
assault by Busard.
137. This allowed Busard to preside over his own case.
138. Additionally, the process, also allowed a Johnson County Attorney to
act in a quasi-judicial role in the grievance panel.
139. Finally, the Board of Supervisors failed to allow hearing.
140. Thus, Sellz was not afforded any fact finding process by a neutral
decision maker.
141. Unsurprisingly, with Busard presiding and his lawyer sitting on the
Panel, Busard found that he did not assault Sellz nor did he retaliate against Sellz.
142. Sellz seeks nominal, compensatory damages, and attorney fees.
22
143. The policy and custom of Johnson County does not allow for a recusal
mechanism on due process claims where the decision maker is subject to conflict.
COUNT V - EMPLOYMENT DISCRIMINATION AND RETALIATION
JOSH BUSARD AND JOHNSON COUNTY.
144. Sellz reasserts Paragraphs 2-111 as if set forth herein.
145. Busards’ actions in physically intimidating, and harassing Sellz on
account of her sex violates Iowa Code Section 216.6.
146. Busard’s actions in retaliating against Sellz for complaining about
such conduct, violate Iowa Code Section 216.6, and Iowa Code 216.11 (1) and (2).
147. Sellz seeks compensatory damages, and attorney fees for this
violation.
COUNT VI - FAMILY MEDICAL LEAVE ACT - BUSARD AND
JOHNSON COUNTY
149. Sellz’ mental health condition was a “serious health condition”
within the meaning of 29 U.S.C. § 2612 (a) (1) (D).
150. Busard intentionally interfered with, restrained, or denied Sellz’
exercise of, or the attempt to exercise, the right to take FMLA leave to address her
23
serious mental health needs arising from Busard’s assault in violation of 29 U.S.C.
§ 2615 (a) (1).
151. Busard and the County intentionally discharged Sellz for attempting
to exercise her right to take medical leave under FMLA in violation of 29 U.S.C. §
2615 (a) (2).
152. As a result of Defendants’ actions, Sellz has suffered damages and is
entitled to relief under 29 U.S.C. § 2617 (a).
COUNT VII - DEFAMATION PER SE
153. Plaintiff alleges Paragraphs 2-111 as if set forth herein.
154. As part his retaliation, Busard accused Sellz accused Sellz of
tampering with her employment records, which was completely false.
155. In his pretermination letter, Busard accused Sellz of changing the
leave dates on the treatment note from Ms. Devine to Human Resources.
156. He also accused Sellz changing the flex time calculation in the data
base, which was done directly in response to Busard’s orders.
157. None of the Board has been willing to talk with Sellz or to listen
directly to her version of the events.
158. Instead, they stood behind a wall of silence.
24
159. The circumstantial evidence suggests Busard, orally, or in writing,
communicated the false tampering claims to the Supervisors.
160. Busard’s defamatory comments to the Supervisors damaged her
reputation, and played a significant factor in Sellz losing her job with the County.
COUNT VIII - WHISTLEBLOWER IN VIOLATION OF IOWA CODE
70A.29 - BUSARD AND JOHNSON COUNTY
160A. Plaintiff reasserts Paragraphs 2-111 as if set forth herein.
161. Sellz reported Busard to Johnson County Sheriff’s Deputy Randy
Lamm, and notified County Attorney Janet Lyness of the same.
162. She made those allegations in good faith out of concern for her safety
as well as for the safety of others.
163. In response to that report, Busard retaliated against Sellz as outlined
above.
164. Sellz seeks compensatory damages as set forth in Iowa Code 70A.29.
VIII. PRAYER FOR RELIEF
WHEREFORE, for the above reasons, Plaintiff Shanti Sellz prays that
judgment be entered against Defendant for money damages, including lost
earnings, liquidated damages, damage to her career, future pecuniary losses,
emotional pain, punitive damages, and the costs of this litigation.
25
RESPECTFULLY SUBMITTED,
/s/ Rockne Cole

___________________________
ROCKNE O. COLE
AT PIN: 00001675
Cole Law Firm, PC
209 E. Washington, Ste. 304
Iowa City, IA 52240
(319)519-2540
(319)359-4009 FAX
rocknecole@gmail.com
ATTORNEY FOR PLAINTIFF
26

Sellz V Busard Lawsuit

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E-FILED 2018 JUL 23 4:10 PM JOHNSON - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT

Defendant Josh Busard retaliated against Sellz through defamation, disciplinary

actions, isolation, change in conditions of employment, and ultimately, through

recommending termination of her employment after medical leave of absence was

recommended by her Nurse Practitioner, Kathrine Devine, because the conditions

address the serious misconduct committed by Busard, or to provide her a hearing

affected the Board of Supervisors decision to uphold termination.

Defendants terminated Sellz’ employment in interference with and in

workplace violence to law enforcement and to supervisory personnel. Plaintiff

liquidated damages; damages for future pecuniary losses, emotional pain,

2. Shanti Sellz was hired in October of 2015 to be the first Johnson

Supervisors terminated her employment in October of 2017. She currently resides

in Johnson County, and works as a vegetable farmer.

for the Johnson County Planning, Development, and Sustainability (hereinafter

employment and agency.

6. The Johnson County Board of Supervisors consists of five board of

supervisors, representing Johnson County, a political subdivision for the State of

actions taken as a Board.

7. Johnson County is a political subdivision of the State of Iowa.

7A. Johnson County is “employer” for purposes of the 29 U.S.C. § 2611

8. Rod Sullivan is a Supervisor for Johnson County. He is sued in his

individual capacity for all Counts in which he is a Defendant

9. Lisa Green-Douglas is a Supervisor for Johnson County. She is sued

individual capacity for all Counts in which she is a Defendant

11. Mike Carberry is a Supervisor for Johnson County. He is sued in

individual capacity for all Counts in which he is a Defendant.

is not named as a Defendant.

Johnson County Iowa, and all Parties reside here.

claims. Plaintiff seeks more than $5,000.00.

VI. COMMON OPERATIVE FACTS

County Local Foods and Planning Specialist.

pool of over 60 candidates.

County Planning, Development and Sustainability Department (PDS).

21. Josh Busard became Sellz's supervisor when he replaced Devorak as

Director of PDS upon Devorak's retirement in May 2016

22. Busard had engaged in some isolated inappropriate comments prior to

example, he once during a work meeting referred to nursing mothers as “milk

Sudanese Community, warning her to “be careful with the Sudanese.”

positive job reviews from the Board and from Busard.

MAY 17, 2017 ASSAULT

with an open hand as if intending to strike her person.

28 Busard came within 18-24 inches of her person before regaining

29. Busard, without justification, intended to place Sellz in fear of

immediate physical contact, which would be painful, injurious, insulting, or

18-24 inches of her person.

31. Sellz was extremely distraught over the assault.

32. Sellz verbally reported the assault to DJ Castelein on May 17th, at

1:30 pm. Castelein took personal notes of Sellz’s report.

Johnson County. See Attachment Ex. 1 - Sellz Grievance

alternative supervisor in a different department where she would not be subject to

36. No action was taken on that initial request.

Castelein and Lora Shramek, about reporting to an alternative supervisor because

- Shramek Letter (June 15, 2017).

to facilitate a message exchange.” Id.

and you.” Id.

Lamm of the Johnson County Sheriff’s Department.

45. Lamm reported Lyness’ comments to Sellz about her “voluntary”