Lawsuit Filed Against Valley County Commissioners

Minutes before the Valley County Commissioners held their regular Discussion and Decision meeting on May 22, the Valley County Commissioners Mary Armstrong, Paul Tweten and John Fahlgren, were served with papers detailing a complaint and demand for jury trial by Brian Austin, who currently holds the position of Valley County Landfill Supervisor. The complaint and demand for jury trial was filed in Valley County District Court on May 10. In addition to the Commissioners being named as defendants individually, the Board of County Commissioners of Valley County, the governing body of County of Valley is also named.

According to court documents, a Valley County department head meeting was held on Aug. 17, 2022, and during this meeting the commissioners informed Valley County employees that Sandra Guenot, agent for New York Life Insurance, would be visiting the various departments to discuss whole life insurance. On Sept. 14, 2022, Guenot contacted Valley County Landfill secretary via phone to schedule a meeting in order to discuss the whole life insurance. Schindler politely explained the landfill employees are not interested in the insurance policies, in which Gueno responded stating that according to the Valley County Commissioners, the meetings were mandatory and any employee not wishing to purchase insurance was to sign a form indicating as such. After politely reiterating the employees were not interested, she ended the phone conversation. That same day, Austin also had a phone conversation with Guenot, again politely explaining the landfill employees were not interested in the insurance policies. After these phone conversations, Commissioner Fahlgren requested a meeting with the purpose being to discuss possible disciplinary action against Schindler for abruptly ending the phone conversation with Guenot. As Schindler’s supervisor, Austin informed the Commissioners he did not feel disciplinary action was appropriate. He also informed the Commissioners that Valley County employee personnel records and private, confidential information were being disclosed, without permission or consent, to Geunot and New York Life Insurance. Commissioner Tweten stated employee personnel records and employee’s personal, private and confidential information were public information and therefore no permission or consent to disclose was required. Commissioner Armstrong similarly concluded that disclosure of the employee personnel records was proper.

The filing also states that on Sept. 22, 2022, Austin requested access to the Sept. 14, 2022 meeting minutes, in which Commissioner Fahlgren denied the request stating, via email, the meeting was closed and the minutes were sealed. On Sept. 27, 2022, Austin explained to Fahlgren via email that he did not believe the criteria for closing a meeting had been met and requested detailed reasoning for the denial of his meeting minutes request.

After another attempt was made by Austin to gain access to the meeting minutes as requested, a formal request for multiple public records, including the meeting minutes from Sept. 14, 2022, was made by legal council for Austin. Court documents stated Austin, through his undersigned counsel, made four formal public record requests seeking timely disclosure of the Sept. 14, 2022, meeting minutes.

On Sept. 8, 2023, Valley County attorney Dylan Jensen produced some of the records requested but did not produce the Sept. 14, 2022, meeting minutes. On Dec. 1, 2023, Austin, again through his undersigned counsel, submitted a fifth formal public records request. On Dec. 4, 2023, Jensen refused access to the Sept. 14, 2022, meeting minutes stating they were “confidential and not a public record,” and “the meeting minutes are not subject to inspection except pursuant to a court order.”

The court documents outlined five counts, Declaratory Judgement, Petition to Obtain Public Records, Invasion of Privacy, Breach of Public Duty, and Constitutional Violations for the reasonings associated with this filing. The documents also stated “Mr. Austin respectfully demands a trial by jury on all issues so triable by the maximum number of jurors allowed by law.”

The Glasgow Courier will continue to follow this story and provide information to the public as it becomes available.