Ex-county worker files suit in federal court

SANDPOINT - A former department head is suing Bonner County in federal court claiming she was improperly forced out of her job on trumped up charges.

Donna Wells, the county's former human resources director, has also filed a tort claim seeking $525,000 in damages from Bonner County.

The lawsuit in Idaho's U.S. District Court and the tort claim filed in 1st District Court allege Wells' constitutional right to due process were violated when she was allegedly railroaded out of her job.

The suit was filed Nov. 12 and the claim, which can serve as a notice of intent to sue in state court, was filed on Tuesday.

The filings name commissioners Todd Crossett, Lewis Rich and Joe Young as defendants. Also named is Scott Bauer, a deputy prosecutor who serves as the board's legal counsel.

Wells, 59, was hired as a deputy clerk in 1994 and appointed human resources director in 2001, according to court documents.

The filings state Wells was placed on leave in June, after commissioners accused her of exposing the county to liability for violating the privacy rule in the Health Insurance Portability & Accountability Act.

The alleged violation involved a recorded phone conversation Wells had with a Bonner Dispatch shift supervisor concerning medical issues within the department and the possibility of vacant positions.

The suit and claim allege commissioners advised her a member of the public could request a copy of the tape through Idaho's public records law and obtain the confidential information. Wells challenged the assertion by pointing out the tape would be exempt from Idaho's public records law.

"The County Commissioners responded by informing the Claimant that they had given more thought to the matter and 'just felt she was not right for the job,' and that 'they wanted to make a change,'" the claim said.

Commissioners subsequently asked Wells to resign and told her if she didn't they would fire her, the filings said. Wells declined to resign and she later received written notice that she was being sacked for allegedly violating two provisions of the county's employment handbook.

Her dismissal took effect on July 2 and a post-termination was set for later that month, according to the court documents. When the hearing commenced eight new violations were added, some of which had nothing to do with the original alleged misconduct.

Wells maintains in the claim and suit that the defendants attempted to characterize the proceedings as a pre-termination hearing. She further alleges she was denied the right to a full evidentiary hearing which would have allowed sworn testimony and the cross-examination of witnesses, which is contrary to the county's employment rules.

When Wells challenged the alleged HIPAA violations, she said she also demanded to see a written statement of the charges. Wells claims commissioners said they didn't have one.

"We had hoped you would just resign," Wells quoted the board as saying.