Disagreement stemmed from hiring practices, authority rights

A discussion over staffing in Auditor-Treasurer Doug Groh’s office at Tuesday’s county board meeting turned into an argument over past hiring practices and a disagreement over state statute and the authority of Groh’s office.

At issue is whether Groh can hire several deputies under a state statute and whether another state law that only allows department heads to hire one deputy without board approval supersedes Groh’s request.

It started when Groh requested that a temporary position — approved by the board when an employee was on leave — be extended through Dec. 27, a request the board denied when a motion failed to gain a second. Later in the meeting, Groh altered his request, instead asking the position remain through election canvassing — the week after the Nov. 4 election.

Rather than hire additional election judges this year, Groh is training the city clerks in Grand Meadow, Adams and Rose Creek to serve as election judges and provide absentee ballots in each community — a move other county officials touted as a cost-savings measure.

Groh asked the board to use that cost savings to keep the temporary position, which he said would be beneficial with the election approaching and a few newer employees still in training.

Groh argued some duties have been put aside to coach newer staff.

“I’m training everybody,” he said. “I’m not doing my job.”

The temporary position would give Groh’s office one full-time employee over the 2012 election — a presidential election. But Groh argued it could be done without much budget effect.

County Coordinator Craig Oscarson questioned if using savings that “Doug has done some good work on” to spend it elsewhere was the best option.

“The question the board asks is should that savings be used to benefit completely the taxpayer, or does Doug really need that 40 extra hours of work compared to 2012?” Oscarson said.

Oscarson, who previously worked in the auditor’s office, questioned if the workload warranted the extra help between the election and the primary, and he questioned if this election would require more staff time than the 2012 presidential election.

Groh, however, took offense to Oscarson drawing from his experience in that office several decades ago.

“That’s an ignorant comment,” Groh said.

However, Oscarson and other county leaders argued Groh should have had adequate time to train his newest hires for the election.

Oscarson and Human Resources Director Sherry Roth criticized Groh for his hiring process. After his former chief deputy gave three months notice of her retirement, Oscarson and Roth offered to assist Groh in the hiring process, but he declined and opted to interview chief deputy candidates on his own, which he’s allowed to do for that position based on state statute.

“You went on your own, which is your right to do with the position,” Oscarson said.

However, Oscarson, Roth and the board criticized Groh for a prolonged hiring process, which they argued delayed the training process.

By working with Roth and Oscarson, Groh said he would have only saw the top-ranked candidates, which he wasn’t comfortable with.

“I had no input in the 40 that applied,” Groh said, noting he would have only seen about eight.

The discussion turned into a disagreement between the county board and Groh over interpretations of state statutes on hiring practices, mainly whether the county board or elected officials have ultimate hiring authority.

Mower County previously adopted the Personnel Act, which Mower County Attorney Kristen Nelsen said grants the board and human resources hiring authority. Elected officials, Nelsen said, have limited hiring authority to appoint chief deputies and one clerical position. The state statute 375.58 allows “one position designated by each elected department head as a chief or principal assistant” and “one position designated by each elected department head as a personal secretary.”

But Groh argued other statutes allow him to appoint/hire several deputies.

“There’s a problem with the interpretation of the law, but I’m not a lawyer, so that’s why I asked a question,” Groh said after Nelsen gave the board her legal opinion.

“Clearly he doesn’t care to listen to the advice of the lawyer,” Nelsen replied.

Nelsen went on to reiterate that elected officials — herself and Sheriff Terese Amazi included — have limited appointment authority. Subsequent county employees in those offices are then hired through the county’s personnel committee.

After several minutes of heated discussion, the board voted 4-0, with Commissioner Mike Ankeny absent, to refer the request back to the personnel committee of Ankeny and Commissioner Tim Gabrielson, a move Groh protested.

“That would cause disruption to my office,” Groh protested.

Further discussions likely won’t happen until mid-August and won’t come before the board until late August. The temporary position in question ends Friday.

After the vote, Groh said he had more legal questions, but Nelsen asked him to “please feel free to put it in writing.”

Groh tried to bring up statute 203B.14 and again voiced his disagreement, to which Commissioner Polly Glynn replied, “Duly noted,” before the meeting was adjourned.

Statute 203B.14 reads, “Each county auditor and each municipal clerk may employ additional clerical assistance as necessary to discharge the responsibilities imposed on the county auditor or municipal clerk as provided in this chapter.”

Commissioners and Nelsen argued the Personnel Act — 375.58 — is still in place and Groh is still subject to the county budget, which he can appeal. Nelsen said that 203B.14 means he can employ additional staff, but can’t make hires outside the county’s budget and human resources system.

Another law, 384.08, allows the auditor to appoint hired employees as deputies, but only to sign documents and take on some of the authority of the auditor.

This is not the first publicly aired set of disagreements between the board and Groh. The two parties have a history of voicing disagreements over the authority of Groh’s office during public meetings. Last year, Groh and the board were at odds over birth, death and marriage records, which moved from Groh’s office to Recorder Jill Cordes’ office.

After serving one term as auditor, Groh is running for his third term as auditor-treasurer this November against Adams resident Steven Reinartz.