After more than a year of repeated denials, Henry County Sheriff Rich McNamee was finally granted the ability to hire outside legal counsel during this week’s Board of Supervisors meeting. The decision comes amid a contentious legal battle involving the Iowa Law Enforcement Academy’s (ILEA) decertification process and a pending series of depositions related to former deputy Arturo Perez.
McNamee, visibly frustrated but resolute, returned to the board with a renewed request—this time armed with subpoenas issued to four of his staff members. “That’s 10 percent of my workforce being sent to Des Moines for depositions,” he told the board, underscoring both the disruption and the legal exposure facing his department. He emphasized that these individuals are being called to testify about their direct knowledge of the situation surrounding Perez and the decertification process.
A Longstanding Concern Over Legal Conflicts
The sheriff’s concern has consistently centered on a potential conflict of interest with the county attorney, who he says cannot fairly represent both the county and his office in the same matter. “He’s representing the county—not me,” McNamee asserted, suggesting that the overlapping roles present a legal and ethical dilemma. The sheriff has previously expressed concern over what he describes as personal ties between the county attorney’s office and Perez, now a central figure in the ILEA investigation.
Though the county attorney has maintained that the office is focused on protecting county liability, McNamee argued that this does not equate to personal representation for himself or his subpoenaed staff. “I’m trying to protect Henry County with my own funds—and I’ve already spent about $70,000 out of my own salary doing just that,” he said.
Debate Over Precedent and Procedure
Supervisors wrestled with concerns that granting outside counsel could set a precedent for future cases, raising questions about how far the county’s responsibility extends in providing legal defense for individual employees. Others, however, agreed that the unique circumstances and potential for conflicting interests justified the sheriff’s request.
Final Approval and Budget Impact
Ultimately, the supervisors voted to allow the sheriff to proceed with outside legal counsel, authorizing the use of existing funds within his departmental budget to cover the associated costs. This resolution marks a turning point in a saga that has raised fundamental questions about legal representation, interdepartmental trust, and fiscal responsibility within county government.
With depositions scheduled for June 19 and 20 and a formal hearing in July, McNamee said this move was necessary not only for protecting staff but for maintaining public confidence in the integrity of the investigation process.
“This isn’t just about me,” the sheriff concluded. “It’s about doing things the right way—for my staff, for the county, and for the people we serve.”