The Ottumwa Courier

AP Iowa

August 20, 2013

US attorney secretly monitored workers' attendance

(Continued)

Baumann testified the employees were singled out because they "would be seen walking down the street at 3:00 in the afternoon getting a cup of coffee, or not coming back to the office after lunch, or taking a two- or three-hour lunch break."

Rose said Fagg was targeted because other employees had told her she was "not at work when she was supposed to be there, and she was flighty when she was there." Rose testified that assistant U.S. Attorney Pete Deegan talked about Fagg "being crazy." Deegan declined comment.

The situation intensified after Fagg emailed Rose in March 2011, saying that Rose's removal of the 60-year-old Kudej as civil chief and other rumored changes in the civil division could be viewed as age discrimination.

Rose testified that she believed Fagg was setting up the department for a lawsuit. Rose soon ordered for Fagg to be transferred temporarily to Cedar Rapids in what she called an attempt to monitor and improve her performance. She later made the transfer permanent.

After months of disputes, Fagg was fired shortly after angrily accusing Baumann of removing her from a multimillion dollar fraud case, records show. "Forget it! It's like talking to a rock," Fagg told her. She added that she doesn't hate Baumann and Rose, she feels sorry for them because, "you're mean," records show.

Fagg's lawyer, Michael Carroll, said he would resist the government's motion to dismiss, saying there's more to the story.

"She feels like her career and her life as she knew it were over when this all happened," he said. "It's been brutal for her."

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AP reporter Ryan J. Foley can be reached at 319-337-5615, rjfoley@ap.org or http://twitter.com/rjfoley

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