CLINTON —
A district judge has struck down a motion in an Open Meetings Law violation ruling involving the city of Clinton.
Defendants, including former Mayor Rodger Holm, former councilman Mike Kearney, current council members Jennifer Graf, Paul Gassman, Charles Mulholland, Bev Hermann and Maggie Klaes and current Mayor Mark Vulich, filed a motion on Aug. 17 to amend or reconsider the ruling on the plaintiff’s motion for summary judgment in the case involving a former human resource director. In that summary judgement, District Judge Mark Smith ruled the defendants had violated the Open Meetings Law on Sept. 13 when they went into a closed session during a committee of the whole meeting to discuss the elimination of the three departments as well as what, if any, severance pay would be paid to individual employees.
The plaintiff in the case is David Geisler, former human resources director, whose department and job were cut as the city sought to chisel $800,000 from its budget after a shortfall was discovered last summer.
According to court documents, the defendants, through their attorney Cynthia S. Sueppel, argued the ruling be amended or reconsidered because some of the subject matter discussed at the closed meeting on Sept. 13 was also discussed, in part, at other open meetings.
“The defendants cite no case law to support their position in this regard. The assertion that this subject matter was further discussed at open meetings indicates to the court that the reasons given for the September 13, 2011, closed meetings were not, in fact, valid reasons for closing the meeting under the statute,” Smith wrote in his ruling on the motion to amend or reconsider.
Defendants also alleged the closed sessions were held to discuss “strategy” relating to the employment condition of employees who were not covered by the collective bargaining agreement, according to court documents.
Court documents also show the defendants asserted the amount of severance was the only issue discussed at the closed session meeting. After reviewing the transcript of the meeting, Smith found this was not the case.
Smith denied the motion on Sept 4.
In August, the defendants were informed they will face fines for the Open Meetings Act violation ranging from $100 to $2,500 based on what they knew going into the closed session.
The amount, if any, will be determined during the penalty phase, which will be set for hearing at the same time as the trial on another alleged violation by the defendants concerning a Sept. 2 closed City Council session.
That trial is set for 9 a.m. Oct 1.
Local News
District judge denies reconsideration in open meetings ruling
- Local News
-
- Second TIF district eyed FULTON, Ill. -- Development discussions for the 112 acres of land purchased by the city of Fulton last month has begun. The city council met Monday to review a presentation from SB Friedman Senior Project Manager Geoff Dickenson for a new potential
-
Prospect Avenue questions to be answered
CLINTON — The city of Clinton will host a public meeting regarding Prospect Avenue construction Wednesday at Clinton City Hall. The public information meeting will be from 5:30 to 6:30 p.m. Wednesday in City Council chambers at Clinton City Hall. The
- Union Pacific routes money back into community CLINTON -- Five Clinton-area non-profit organizations were awarded grants from the Union Pacific Foundation on Monday. Big Brother Big Sisters, the Friends of the Clinton Public Library, Mercy Medical Center, the River City Municipal Band and the Un
- Head out on the highway CLINTON -- Around 400 Harley riders will cruise into Clinton this weekend as the city hosts the Harley Owners Group 2013 state rally. From Thursday through Saturday, Clinton will be filled with bikers from across the state who will take part in var
-
End of the road for landfill's bio-reactor
The county landfill will scrap its bio-reactor. The Clinton County Area Solid Waste Agency heard a quote from James Luther Kiln & Dryer on repairing the broken bio-reactor vessel during Thursday's meeting, learning the project could cost as much as $750,000.
-
More than Paint: School districts prepare to merge as Easton Valley
Members of the Preston and East Central communities are preparing for the major change of their districts becoming one. As of late, those preparations involved gallons of orange and grey paint.
-
Iowa film company showcases Clinton firm
The Iowa Filmmakers were in Clinton on Thursday shooting a new video at Adcraft Printwear.
-
Request to reduce Clinton's costs for landfill use fails
A request by a Clinton city councilwoman for a decrease in the solid waste per capita rate did not receive enough support to move forward in discussions by the county's solid waste agency board Thursday night.
-
UPDATE: More than Ashford faculty exempt from voluntary resignation program
Hundreds of Ashford University employees in Clinton have been offered a chance to voluntarily resign as the company seeks to reduce its workforce.
-
HAPPENING NOW: Replica ships arrive in Clinton today (with video)
Replicas of the Nina and Pinta pulled into the Clinton Marina this afternoon, with residents lining Riverview Drive to catch a glimpse of the ships.
- More Local News Headlines
