CLINTON —
Clinton Mayor Rodger Holm and the city’s seven-member council face a civil lawsuit that alleges they violated Iowa’s open meeting laws.
The lawsuit was filed in Clinton County District Court on Nov. 7 on behalf of David Geisler. His position as the city’s Human Resource Director was eliminated during recent budget cuts.
The lawsuit names Mayor Rodger Holm and councilmen Mark Vulich, Jennifer Graf, Paul Gassman, Charlie Mulholland, Bev Herman, Mike Kearney and Maggie Klaes. Each person is cited both personally and in their capacity as city councilmen. According to court documents, the lawsuit alleges that the council violated Iowa Code Section 21.5 (1) (i) on two separate occasions.
The action hinges on the reason for a closed session provided under Iowa Code Section 21.5 (1) (i):“To evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session.”
The lawsuit states that on Sept. 2, the Clinton City Council went into closed session purportedly to discuss a personnel issue under Iowa Code Section 21.5 (1) (i). However, the lawsuit claims that no individual employee requested the closed session. According to court documents, the lawsuit claims that action taken during the closed session was to discuss a budget amendment.
The lawsuit also references another incident at the Sept. 13 Committee of the Whole meeting, where the council again went into a closed session to discuss a personnel issue pursuant to Iowa Code Section 21.5 (1) (i). The lawsuit claims that again no individual employee requested the closed session and action taken during the closed session was to discuss a budget amendment.
At a subsequent Oct. 11 meeting, the city council passed a budget resolution, amending the budget and eliminating the HR position. The positions held by Information Technology Director Melanie Peinkofer and City Planner Mike Reynolds also were eliminated at that meeting.
Clinton Attorney Blake Parker filed the lawsuit. He would not comment on why the mayor and councilmen are being sued both personally and in their official capacities. He said he is discouraged that the actions of the council have not been questioned before. Parker declined to make any more comments, saying that the petition speaks for itself.
The lawsuit asks the court to enforce penalties pursuant to the closed session statute against each defendant in their official capacity and personally. According to the lawsuit, Geisler is also asking that an injunction be issued against the City of Clinton to stop any action resulting from the discussions that took place during the closed sessions and to void those actions.
Iowa Attorney General's Office Spokesman Geoff Greenwood said in a Thursday telephone interview that penalties of $1,000 to $2,500 could be assessed to each defendant if the claims in the lawsuit are found valid. According to Iowa Code Section 21.6, “upon finding by a preponderance of evidence that a governmental body has violated any provision of this chapter, a court can assess each member damages and require them to pay all costs and reasonable attorney fees in the trial and appellate courts.”
Members of a governmental body found to have violated open meeting laws would not be assessed these costs if that the member proves they voted against the closed session; had a good reason to believe and in good faith believed facts, which if true, would have indicated compliance with Iowa Code requirements; or reasonably relied upon a decision of a court or formal opinion of the attorney general or the attorney for the governmental body.
Attempts to reach Jeffrey L. Farwell, Clinton city attorney, for comment were not successful. A court date has not been set.
Local News
November 18, 2011
Mayor, council accused of open meetings violations
City’s HR director says council wrongfully closed sessions to discuss budget
- Local News
-
-
Committee looking for new Camanche City Hall location
A committee has agreed to look at alternative locations for Camanche City Hall.
-
CVB director hiring announced
A new director has been hired to lead the Clinton Area Convention and Visitor’s Bureau.
-
City creates demolition list
City officials are looking at different properties that need to be demolished throughout the city and soon will consider a new ordinance they hope will deter the need for future nuisance building demolition.
- No one injured in morning fire CLINTON — No one was injured in an early morning fire at Hawthorne Woods Apartments, 1241 Gateway. The Clinton Fire Department was dispatched at 1:23 a.m. today for smoke and fire in a bedroom of a multi-family apartment complex. According to a press
-
City forced to cut $1.1M from budget
CLINTON -- The city of Clinton is scrambling to cut more than $1.1 million from next year's budget because of a settlement that was reached between the Clinton Board of Review and Archer Daniels Midland. As part of a settlement that ADM and the Cli
-
Railport: Clinton, CRDC work on future process
CLINTON — With the first rail-served tenants moving in, officials with the city of Clinton, McClure Engineering and the Clinton Regional Development Corp. met Tuesday to discuss the future of the Lincolnway Railport.
- Proposal to write off sewer debt moves forward CLINTON — The city finance director will have the ongoing authority to write off sewer bills from finalled accounts as long as the balance is under $10, members of the Internal Operations Committee decided Tuesday. City Finance Director and interim C
- Board examines congestion at schools FULTON, Ill. -- Potential congestion around the River Bend middle and elementary schools is being discussed by the River Bend Board of Education. The board discussed drop-off policies during Monday's meeting. The district decided in March to eliminat
-
Energized savings
CLINTON -- It didn't happen in one day, with one switch or with one person, but through a concerted effort, the Clinton School District has saved more than $2 million by utilizing energy-efficient practices. The Clinton Community School District was
-
Fitness club is expanding
CLINTON — Less than two years after opening, the Iron Horse Fitness Club is more than tripling their space by moving to the former Rodeo Saloon and Feedhouse. Owners Ashley and Brad Gendreau, 31, of Thomson, Ill., will move by August from the locatio
- More Local News Headlines
-
Committee looking for new Camanche City Hall location
