E-FILED 2018 DEC 15 12:07 PM WOODBURY - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR WOODBURY COUNTY

EDWARD GILLILAND, Case No. _______________

Plaintiff,

vs. PETITION
and
WOODBURY COUNTY and JURY DEMAND
MATTHEW UNG, individually and in his
official capacity,

Defendants.

COMES NOW the Plaintiff and for his cause of action hereby states the following:

INTRODUCTION

1. This is an action under the Iowa Civil Rights Act challenging Defendants’ age

discrimination and retaliation against Plaintiff Edward Gilliland.

2. Defendant Woodbury County is an Iowa political subdivision with its principal

place of business in Woodbury County.

3. Defendant Matthew Ung is a resident of Woodbury County.

4. Plaintiff is a resident of Story County.

5. The acts of which Plaintiff complains occurred in Woodbury County.

PROCEDURAL REQUIREMENTS

6. On May 15, 2018, within 300 days of the acts of which he complains, Plaintiff filed

charges of employment discrimination and retaliation against Defendants with the Iowa Civil

Rights Commission.

7. On September 26, 2018, less than 90 days prior to the filing of this Petition, the

Iowa Civil Rights Commission issued an administrative release with respect to Plaintiff’s charges.

FACTUAL BACKGROUND

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8. Plaintiff Edward Gilliland (“Ed”) is a 64-year-old man, protected against age

discrimination and retaliation by the Iowa Civil Rights Act.

9. In April 2014, Woodbury County hired Ed as its Human Resources Director.

10. In addition to his formal title, Ed also served as Woodbury County’s Risk Manager,

Workers’ Compensation Manager, Safety Manager, Health Plan Administrator, HIPAA

Coordinator, and Privacy Officer.

11. Ed reported directly to the Woodbury County Board of Supervisors.

12. Within days of Ed starting, Woodbury County Auditor Pat Gill referred to Human

Resources as “the most dysfunctional department in the County.”

13. Ed was committed to modernizing, formalizing, and improving Woodbury

County’s Human Resources department.

14. In November 2014, Jeremy Taylor and Defendant Matthew Ung were elected to

the Woodbury County Board of Supervisors.

15. Ung was 26 years old when he was elected to the Board of Supervisors.

16. In 2016, Taylor became Chairman of the Board of Supervisor and Ung became

Vice Chairman of the Board of Supervisors.

17. Almost immediately after Taylor and Ung became Chairman and Vice Chairman,

Taylor and Ung began a crusade to rid the County of its older managers and employees.

18. On many occasions, Ung told Ed he wanted “fresh” ideas and “young” managers

and employees working for Woodbury County.

19. Ung and other members of the Board of Supervisors referred to younger

employment candidates as “go getters” or people who could “settle in” to a position or hold a

position for 20 years. The same people referred to older candidates as being “set in their ways,” or

unable to “deal with technology,” or “afraid to get their hands dirty.”

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20. Ed saw the Board of Supervisors, led by Ung, fabricating purported performance

deficiencies about older department heads and finding ways to “eliminate” the positions held by

older employees, only to replace the older workers with younger people.

21. Defendants tried to get Ed to help them effectuate the firing of Planning and Zoning

head John Pylelo, who was in his mid-60s, for an incident which allegedly occurred 12 years earlier.

22. After Ed objected to their plan, Defendants rolled Pylelo’s Planning and Zoning

department into the Economic Development department to force Pylelo out.

23. Defendants replaced Pylelo and assigned his duties to a younger employee with no

planning and zoning experience.

24. Defendants openly commented about wanting to replace Director of Emergency

Services Gary Brown with “someone much younger.” Brown is two years older than Ed.

25. Juvenile Detention Center Director Mark Olsen was in his late 50s, with 35 years

of experience, when Defendants forced him out with made up and exaggerated performance issues.

26. Defendants replaced Olsen with a less-experienced employee who was 20 years

younger than Olsen.

27. In 2017, Ung became Chairman of the Board of Supervisors.

28. Ed routinely encouraged Ung and the other members of the Board of Supervisors

not to discriminate against older employees and pointed out the deficiencies in the allegations

against the older workers.

29. Ed continued to improve the Human Resources department. Defendants

recognized Ed’s work, describing a “seismic shift” in the performance of Ed’s department.

30. Defendants never suggested to Ed that he was not meeting their expectations.

31. In late September 2017, Defendants instructed Ed to offer the position of Economic

Development Director to a specific candidate. Defendants told Ed to show the candidate around

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Woodbury County, accompanied by two members of the Chamber of Commerce. Defendants

instructed Ed to make the employment offer over dinner, which would be attended by the two

members of the Chamber of Commerce.

32. During dinner, while the candidate excused themselves from the table, one of the

Chamber of Commerce members asked if the candidate would be offered the job and Ed said yes.

33. Ed made the offer to the candidate as instructed, but the candidate declined.

34. Ung then accused Ed of “breaching confidentiality” about the job offer, which was

a false and misleading accusation.

35. On September 25, 2017, Ung demanded that Ed submit a resignation letter.

36. Ed repeatedly opposed Ung’s demand, asking Ung not to force him to resign.

37. In response, Ung threatened to hold a meeting of the Board of Supervisors to fire

Ed.

38. Defendants made it clear: Ed must resign or they would fire him.

39. Ung demanded that Ed submit his resignation no later than October 3, 2017 with

his last day noted as January 2, 2018.

40. On January 2, 2018, Defendants constructively discharged Ed.

41. Matthew Ung was an employee and agent of Woodbury County, acting at all

material times within the scope of his employment and agency.

42. Pat Gill was an employee and agent of Woodbury County, acting at all material

times within the scope of her employment and agency.

COUNT I
VIOLATION OF THE IOWA CIVIL RIGHTS ACT
AGE DISCRIMINATION

43. Plaintiff repleads paragraphs 1 through 42 as if fully set forth herein.

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44. Defendants discriminated against Ed and constructively discharged him in violation

of the Iowa Civil Rights Act.

45. Ed’s age was a motivating factor in Defendants’ actions.

46. As a result of Defendants’ illegal acts and omissions, Ed has in the past and will in

the future suffer injuries and damages including but not limited to emotional distress, lost wages,

and employment benefits.

WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, in

an amount which will fully and fairly compensate him for his injuries and damages, for appropriate

equitable and injunctive relief, including but not limited to reinstatement, for prejudgment and

postjudgment interest, for attorney fees and litigation expenses, for the costs of this action, and for

such other relief as may be just in the circumstances and consistent with the purpose of the Iowa

Civil Rights Act.

COUNT II
VIOLATION OF THE IOWA CIVIL RIGHTS ACT
RETALIATION

47. Plaintiff repleads paragraphs 1 through 46 as if fully set forth herein.

48. Ed engaged in protected activity when he objected to and opposed Defendants’

discrimination against older workers and himself.

49. Defendants retaliated against Ed.

50. Ed’s protected activity was a motivating factor in Defendants’ retaliation.

51. As a result of Defendants’ illegal acts and omissions, Ed has in the past and will in

the future suffer injuries and damages including but not limited to emotional distress, lost wages,

and employment benefits.

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WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, in

an amount which will fully and fairly compensate him for his injuries and damages, for

appropriate equitable and injunctive relief, including but not limited to reinstatement, for

prejudgment and postjudgment interest, for attorney fees and litigation expenses, for the costs of

this action, and for such other relief as may be just in the circumstances and consistent with the

purpose of the Iowa Civil Rights Act.

JURY DEMAND

COMES NOW the Plaintiff and hereby requests a trial by jury.

/s/ Nathan Borland

TIMMER & JUDKINS, P.L.L.C.
Brooke Timmer AT0008821
brooke@timmerjudkins.com
Nathan Borland AT0011802
nate@timmerjudkins.com
2829 Westown Parkway, Suite 335
West Des Moines, IA 50266
Telephone: (515) 259-7462
Facsimile: (515) 361-5390
ATTORNEYS FOR PLAINTIFF