The Lancaster County Attorney is preparing legal action to remove the Lincoln-Lancaster County Health Department Interim Director Pat Lopez.
In a letter sent to the Lancaster County Board of Commissioners obtained by KLIN News, County Attorney Pat Condon says the city violated Nebraska law by contracting Lopez as a consultant and not seeking approval of the board of health, city council and the county board.
On Monday, August 10, 2020 Condon’s office received a request to file a a ‘quo warranto’ action against Lopez. This is a legal proceeding to remove an individual who is holding a public office illegally.
Condon says, “Nebraska law is clear “The mayor of the city shall appoint, with the approval of the board of health, city council, and the county board, the health director of the health department.”
Condon says on March 1, 2019, he communicated with the City Law Department and requested Lopez be approved by all three entities. In May the city entered into a consulting agreement and is extended through 2020.
The letter says the agreement was to appoint Lopez as the health director while simultaneously avoiding the approval requirement set forth in the statute.
In closing, Condon says “..based on the length of time Ms. Lopez has been holding the office of health director by a “consulting agreement,” the continued failure to have Ms. Lopez approved as required by Nebraska Law, and because Ms. Lopez’ recent actions toward business owners may result in Lancaster County citizens facing injunctions, civil proceedings or even being arrested and charged with a crime, I believe it is my statutory duty to prepare a ‘quo warranto’ seeking her ouster and exclusion from the public office of health director.
KLIN News reached out to Condon and at this time and he has no further comment.
Mayor Leirion Gaylor Baird said they plan to proceed with the approval through all three governmental bodies. At the mayor’s news conference the Mayor explained, “Pat’s authority, Pat Lopez’s authority has not been challenged until this mask mandate went into effect. The numbers speak for themselves. I think it’s just further confirmation of her authority and expertise about what keeps our community safe. She has my full confidence.”
A copy of Condon’s letter to the County Commission is below.
