City: Worker used racial epithet, mocked disabled colleague, threatened staff

Iowa Workforce Development manages unemployment claims filed on behalf of Iowans. (Photo by Getty Images, logo courtesy the State of Iowa)

A City of Des Moines worker resigned recently after being accused of mocking a disabled colleague, using a racial slur and threatening his colleagues.

State records indicate Bryan P. Nelson worked for the City of Des Moines as a public works maintenance employee from April 2016 until he quit on May 23, 2024.

According to the findings of an administrative law judge who presided over a recent hearing on Nelson’s application for unemployment benefits, in early May the city received three complaints about Nelson from his co-workers. Two of the complaints alleged Nelson had used the N-word to describe a specific Black co-worker, and one alleged he had used the word in reference to Black people generally.

Deputy Public Works Director Adam Smith began an investigation in which Nelson was interviewed and allegedly admitted to using the N-word but denied directing it at any specific employee.

According to the city, Nelson also admitted joking about a co-worker’s disability, believing his actions to be in good fun. Nelson, the city alleged, admitted calling the co-worker, who has cerebral palsy, a “f—ing cripple.”

Later that day, after the interview with Smith, Nelson allegedly wrote on his Facebook page the phrase, “Snitches get stitches.” He was placed on administrative leave on May 8, and two days later he allegedly posted to his Facebook page the phrase, “I’m coming for you.”

On May 22, the city mailed Nelson a notice indicating he was accused of making racist and sexist remarks about his co-workers, making disparaging comments about coworkers with disabilities, discouraging co-workers from reporting his behavior, and making intimidating and threatening statements during the investigation.

During a disciplinary hearing, a union representative, Tom Hayes, allegedly sent a Nelson a text message in which he told Nelson, “Stop talking.” Hayes then advised Nelson to resign because he could still use the city as a reference in seeking employment elsewhere.

After hearing testimony in the unemployment benefits hearing, Administrative Law Judge Sean Nelson ruled Bryan Nelson was not eligible for benefits because he had resigned voluntarily without good cause attributable to the city.

Judge Nelson found that Bryan Nelson had quit not because he’d otherwise be fired but “because he believed he could still use the employer as a reference if he resigned. Essentially, (he) looked back on his interview with Mr. Smith and guessed that he would be terminated. This is a natural reason to quit, but it is not quitting in lieu of termination.”

The Iowa Capital Dispatch was unable to reach Bryan Nelson for comment on the case.

In his ruling, Judge Nelson found that the city’s public works department was “a very blue-collar working environment where profanity is not uncommon” and where workers typically weren’t disciplined unless the language was directed at another individual with the intent to harm them.