CNA-11-19-2013

Page 1

Tuesday

November 19, 2013

Go to www.crestonnews.com for Breaking News as it happens

Iowa Game

Still scores seven in loss to SWCC

SPORTS, page 1S

vs

Corning Winery

Nebraska Party Serving Corning Winery Wines, Wineritas and a variety of beers

Corning, Iowa

Friday, November 29

Open at 9:30am Game 11:00am

QUICK NEWS Stalker’s Santa sleigh

For the second year Stalker Chevrolet will hold a toy drive in its showroom on the corner of highways 25 and 34. The drive kicks off Nov. 29 and runs through Dec. 16. Participants can drop off a new toy and leave it in Santa’s sleigh — a vehicle in the showroom decorated for the holiday season. Monetary donations will also be accepted and new toys Jannings will be purchased with the contribution. Stalker’s Nick Jannings said the 2012 toy drive filled an entire truck bed with more than 500 new toys.

Neighbors Loving Neighbors opens Dec. 4 Neighbors Loving Neighbors at 124 N. Maple St. — sponsored by God’s Outreach Deliverance — opens Dec. 4 for its first community open table event. Every Monday and Wednesday Neighbors Loving Neighbors will host an open table for those in need from 5:30 to 6:30 p.m. During the week, the store is open Monday, Wednesday, Friday and Saturday from 10 a.m. to 5 p.m. All donation items available for purchase, including clothing, and household items are priced at Pastor JoAnna and a love offer- Tyrone Davis ing — whatever the customer is able to contribute at the time. There will also be a free coffee shop available during store hours and Internet access. “All donations will go back out to the feeding program and into the ministry to work with children,” said the Rev. JoAnna Davis. “We want to stand in our belief that we are to love our neighbors as ourselves.”

Vote for CHS in final week of U.S. Cellular campaign

In a contest involving 22 states and 3,833 schools, Creston High School ranks 37th entering the final week of U.S. Cellular’s Calling All Communities campaign. A total of 23 Iowa schools, including Creston, are in contention for a share of $500,000. The top 20 schools that garner the most votes Please see QUICK NEWS, Page 2

$10 per person includes food

Please RSVP, call 712-621-0671

Green files lawsuit against water board Disputing extra pay Former Creston The auditor’s report states the Water Works Mng. majority of the $90,000 in imSteve Green disputes proper disbursements came from Green being improperly paid auditor’s report. Says it “is filled with for performing inspections or attending meetings on two major conclusions unsupprojects including the Creston Water Plant expansion and Sumported by facts” ■

By KYLE WILSON

CNA assistant managing editor kwilson@crestonnews.com

Steve Green — former general manager at Creston Water Works — formally filed a civil lawsuit Nov. 7 against the city of Creston and Water Works Board of Trustees. He is suing the water board for violation of wage payment collection and breach of contract. Green was general manager of Creston Water Works for 34 years. He was terminated in June 2013 by the water board after a special inves- Green tigation report by the state auditor revealed Green was paid almost $90,000 in improper and unsupported disbursements between July 2005 and November 2012. However, Green and his lawyer strongly disagree with the auditor’s report stating in the lawsuit that it “is filled with conclusions unsupported by facts, inferences without basis, and incorrect conclusions about each of the alleged improper and unsupported disbursements.” In Green’s lawsuit, he’s asking to be paid wages due under his contract including accrued vacation and sick leave. Green said the breach of contract has caused him financial harm. In the lawsuit, Green asks for a trial by jury to settle this matter.

mit Lake project. For those two projects, the auditor states Green claimed an extra 962 hours of inspection and meeting time — totaling $49,720.42 in additional compensation and retirement contributions. However, Green disputes in his lawsuit the auditor errored in his report because the extra pay was specifically authorized in two separate memorandums each endorsed by two members of the water board. The water board and auditor respond by stating board members who represent less than a quorum of the entire board do not have the authority to authorize extra pay.

Vacation payouts An accounting firm notified the Water Works business office in 2012 Green’s vacation balance should be 80 hours rather than 532 hours recorded in the accounting service. In accordance with his current contract, he’s entitled to five weeks of vacation on his April anniversary date each year. The auditor states, however, his contract does not include any language allowing him to carry over his vacation balance or to receive a payment in lieu of taking his vacation. All staff at the water department must use their vacation in one year or lose it — unless otherwise approved by the water board. That being stated, the audit reveals Green was carrying over his vacation time each year, and there were 19 instances between 2005 and 2012 whereby Green’s

Will criminal charges be filed against Steve Green? It’s been five months since the auditor’s report was released and Green was terminated. Yet, no decision has been made yet whether criminal charges against Steve Green will be filed. The reason: Iowa Assistant Attorney General Scott Brown — assigned to the Green case — was involved payroll check included vacation payout. Those instances totaled $30,313.15 in unauthorized vacation payouts and FICA contributions. However, Green states that total of $30,313.15 is incorrect based on the mistaken assertion that because his contract does not specifically authorize such payouts and because no other employees have such benefits, that he did not have the right to such benefits.

Equipment found A search warrant was executed on Green’s garages Nov. 16, 2012 and the state auditor’s report states a Honda generator, pressure washer and two ladders were located. The auditor reported total equipment purchased by Waters Works improperly found in Green’s garages totaled $2,317.27. Green disputes the equipment — owned by Creston Water Works — was not improperly in his possession because the auditor failed to account for the reason he kept work-related equipment at home. Green said the reason is for times he was on-call during non-business hours.

Clause in contract Green’s three-year contract

in the Seth Techel murder case that concluded last week in eastern Iowa. That case resulted in a mistrial. Brown told the CNA last week — now that Techel’s second trial has concluded — he plans to have a decision soon regarding Green’s case and will file his decision with Union County Attorney Tim Kenyon. signed by the board in December 2011 had an extra clause stating “upon the manager’s termination, death, retirement or resignation, the manager’s accumulated sick leave and vacation hours can be converted to wage equal to the wage at the time of separation and be used for reimbursement by payment or payment of annual insurance premiums at the discretion of the manager. The insurance provided will be equal to what is stated in this agreement for the manager and/ or his spouse.” The board members interviewed by the auditor believe Green himself added this clause to his contract because he was planning to retire during the end of the three-year contract. However, the auditor points out no other Water Works employees have this clause in their contract or are entitled to use their sick leave and vacation to pay for insurance. In the lawsuit, Green reminds the water board of the clause in his contract. Because the board approved the contract with this clause, Water Works may be required to pay up to $54,891.20 for insurance premiums for Green even though he’s been terminated.

Green disputes the equipment — owned by Creston Water Works — found in his garage during a search warrant Nov. 16, 2012 was not improperly in his possession because the auditor failed to account for the reason he kept work-related equipment at home. Green said the reason is for times he was on-call during non-business hours.

CNA photo by BAILEY POOLMAN

Yee-haw: Third-grade students from left Dino Railsback, Hunter Jackson and Samuel

Simpson play kazoos Monday during Creston Elementary School’s third-grade music program themed “Let’s Hoedown.”

CNA photo by LARRY PETERSON

SWCC send-off:

Southwestern volleyball player Shelby Sullivan waves to supporters as the Spartans board their bus Monday afternoon for the trip to the national tournament. Dr. Barb Crittenden, right, SWCC president, hands each player a packet of mementos from the college. Action begins at 2 p.m. Thursday for the Spartans in Toledo, Ohio.

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Volume 130 No. 114 Copyright 2013

Contact us 2013

In person: Mail: Phone: Fax: E-mail:

503 W. Adams Street Box 126, Creston, IA 50801-0126 641-782-2141 641-782-6628 news@crestonnews.com

Contents

Classified . . . . . . . . . . . . . 8-9 Comics . . . . . . . . . . . . . . . . . 7 Crossword . . . . . . . . . . . . . . 7 Deaths. . . . . . . . . . . . . . . . . . 2 Heloise Tips . . . . . . . . . . . . . 7

Local . . . . . . . . . . . . . . . . . . . 3 Opinion . . . . . . . . . . . . . . . . . 4 People . . . . . . . . . . . . . . . . . . 8 Sports . . . . . . . . . . . . . .1S-3S

Wednesday weather High 49 Low 34 Full weather report, 3A


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