A federal judge has dismissed the former Webster County assessor’s lawsuit against the county board that let her go from her job in January 2016.

The Webster County Compensation Board did not violate Jeanette Thanupakorn’s due process rights, wrote Leonard Strand, chief judge for United States District Court for the Northern District of Iowa, central division, in a summary judgment filed Oct. 12.

Thanupakorn had filed suit in 2017, in a case that was scheduled for trial in January 2019.

“The board and conference board were really satisfied with the outcome of this. We always felt we did everything proper from the beginning,” said Webster County Supervisor Merrill Leffler. “This reaffirms we did everything proper. We’re very happy it’s over.”

The conference board is made up of county supervisors, mayors of towns in the county, and a representative of each school district in the county.

In her lawsuit, Thanupakorn also claimed she had been defamed and suffered emotional distress. Her lawyer did not resist those two counts being dropped in a summary judgment, so the judge granted the defendants’ motion to dismiss those, Strand wrote.

Summary judgment occurs when the judge is able to make a decision without going to trial, as there are no genuine questions of material fact where the truth would need to be determined by a jury.

The conference board held a meeting Oct. 27, 2015, at which it voted to remove Thanupakorn.

However, that decision was later rescinded, and Thanupakorn was placed on paid administrative leave.

Thanupakorn was given six potential grounds for her removal on Dec. 21, 2015, and a public hearing was held Jan. 13, 2016. At that hearing, the conference board voted that five of those grounds were supported, and voted to remove her from office.

Thanupakorn said she hadn’t been notified before Oct. 27, 2015, that her termination was going to be discussed.

But because she continued to receive her salary and benefits after that date, the true date of her removal was Jan. 13, 2016, Strand wrote. She had the opportunity to see the grounds for dismissal before that date, and then presented her case to the board.

“Because it is undisputed that Thanupakorn had notice and opportunity to be heard before her salary and benefits were terminated, I find there is no question of material fact preventing the entry of summary judgment in favor of the defendants on her procedural due process claim,” Strand wrote.

The conference board said Thanupakorn hadn’t done enough to help appeal a state order that would have raised commercial property tax valuations by 38 percent.

Instead, the supervisors appealed to the state after the normal appeal deadline was passed and succeeded in lowering the increase to 16 percent.

“In 2015, Thanupakorn and her staff were working on a ‘big project’ regarding agricultural land,” Strand wrote.

The state’s tentative order for the 38 percent increase was issued Aug. 10, 2015.

“In 2014, Thanupakorn was aware that the median value, assessment value and sales ratios for commercial property were low and understood that an equalization order would be issued unless she adjusted the values herself,” Strand wrote. “Thus, she had to choose between reassessing the commercial properties individually or allowing an equalization order to issue. She elected to allow the equalization order to issue so she and her staff could complete the agricultural land project.

“Thanupakorn did not discuss her decision with the Conference Board. Nor did she tell any county official that a large equalization order was forthcoming before the department issued the order. She admitted that she did not perform her duty of assessing commercial property at 100 percent of fair market value.”

Thanupakorn said at the time she thought the 38 percent state order was proper.

On Monday, Leffler reiterated that failure to appeal this was a main reason for her leaving the county.

“That was the biggest thing,” Leffler said. “We didn’t feel it was right.

“(The state) reduced that 38 percent to 16 that year. And the next year it was lowered again some.”

Attempts to reach Thanupakorn or her lawyer were unsuccessful Monday.