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Yahoo
22-05-2025
- Business
- Yahoo
Davenport city leaders testify in Scott County lawsuit about 3 settlements
City of Davenport leaders testified Wednesday in a Scott County Court trial after allegations that the City of Davenport violated state law. Mayor Mike Matson and other city leaders, including Alderperson Marion Meginnis, took the stand Wednesday. Scott County Court records show that, although deputies tried to make contact with retired assistant city attorney Brian Heyer, attempts to serve him a subpoena have been unsuccessful. In January 2024, Dr. Allen L. Diercks, who lives in Bettendorf and owns property in Davenport, filed a petition about the open meetings act and settlements of nearly $2 million with three city employees. In the civil suit, he is represented by attorneys Michael J. Meloy, and John T. Flynn, Scott County Court documents show, A judge is presiding over the trial, which began Tuesday and is scheduled to continue for four days. (In a bench trial, the judge makes the decisions, whereas jurors make the decisions in a jury trial.) Read the lawsuit below: Dierks-lawsuitDownload Details of the lawsuit The lawsuit names as defendants the City of Davenport, the Davenport City Council, and City Attorney Tom Warner. The suit challenges the execution of three 'settlement' contracts by Warner of about $2 million with three city employees, and says the contracts were signed without prior city council approval in violation of the Iowa Code. Warner was the corporation counsel for the City of Davenport and was a full-time in-house legal employee of the city, the suit says. The suit says Corrin Spiegel was the city administrator in 2023 and was hired in 2016 as city administrator, and that Spiegel was Warner's immediate job and operational supervisor. Tiffany Thorndike and Samantha Torres were at-will employees who were supervised by Spiegel and who both worked as executive assistants for the office of the mayor and the city council, according to the suit. On Sept. 8, 2023, 'without prior council approval voted upon by the Council in an open meeting,' Warner signed two separate settlement agreements with Thorndike and Torres for $157,000 and $140,500 dollars, respectively, the suit claims, saying the council did not vote to approve nor was provided the actual Thorndike and Torres agreements 'prior to its execution on September 8, 2023.' On Oct. 2023, 'without prior Council approval voted upon by the Council in an open meeting,' the suit accuses Warner of signing a third settlement agreement with Spiegel, for $1,600,000, including $600,000 dollars for lost wages and $1 million for emotional pain and suffering. The Council did not vote to approve and was not provided the actual Spiegel settlement agreement prior to its execution on Oct. 6, 2023, the suit says. Each of these three settlement agreements was a Chapter 22 public record upon the dates of their execution, according to the suit. The lawsuit claims each of the three executed settlement agreements constitutes a void contract between the parties signing the agreements. The council did not approve any of these three settlement agreements, by a recorded vote in an open meeting, with Thorndike, Torres and Spiegel, prior to the date Warner signed said agreements with the three employees, the suit says. On Nov. 10, 2023, according to the suit, the city disbursed settlement funds to Thorndike and Torres for $157,000 and $140,500. On or about Nov. 20, 2023, the suit says, the city announced that Warner was retiring effective Jan. 2, 2024. On Nov. 22, 2023, the city first publicly disclosed the settlement agreement executed with Spiegel, 'keeping the contract, which was a public record, secret from public knowledge and inspection' for a period of 47 days, after the date Warner executed the settlement agreement with Spiegel on Oct. 6, 2023. On Nov. 29, 2023, the city first publicly disclosed the Thorndike and Torres settlements, 'keeping these contracts, which were public records, secret from public knowledge and inspection for 83 days' after Warner executed the agreements on Sept. 8, 2023, the suit says. On or about Dec. 4, 2023, Warner was placed on administrative leave by the city, 'without the City disclosing the reason for Warner's administrative leave,' the suit says, adding the three large monetary settlements 'were purposely kept secret, by Warner and Mayor Matson, from the public until after the November 7, 2023 municipal election for Mayor, to protect the incumbent Mayor from public criticism and potential loss of electoral office, in his re-election bid for a third term in office.' The suit alleges the settlement agreements were 'purposely kept secret' by Warner and the council from the public until after the municipal elections for alderpersons 'to protect incumbent alderpersons from public criticism and potential loss of electoral office, in their reelection bids.' On Dec. 13, 2023, the council held an executive session 'to discuss strategy with counsel in matters involving litigation,' according to the lawsuit, which says a 'a secret (executive) session' was held after the mayor adjourned the regular council meeting in a session 'involving litigation.' According to the suit, 'At the conclusion of the secret (executive) session' held on Dec. 13, 2023, the council, by vote of 6 to 1 (3 council persons not voting), voted to 'ratify' the three settlements. In the suit, Diercks requests that the court: Declare these three employee settlement agreements were void and could not be ratified by the council on Dec. 13, 2023, after they were executed. Schedule an oral hearing on this matter before the court and, after the hearing, 'declare that the Council's December 13, 2023 'ratification' was erroneous, illegal, arbitrary and capricious and was void.' Schedule a trial on the Declaratory Judgment action, the Open Meetings count and the Certiorari count. Declare that Warner's actions in signing the three contracts and the Council's actions to 'ratify' these three contracts on Dec. 13, 2023 were each 'illegal, … erroneous and void.' Find that Warner, the City of Davenport and the Council failed to follow statutes. Find that Warner, the City of Davenport and the Council violated the Iowa Code. Find that the City of Davenport and Warner violated the Davenport City Code on the stipulated settlement amounts that are allowed by Warner to sign. Find that Warner is personally liable for unlawfully signing the three contracts and causing the 'three extravagant monetary payments' made to Spiegel, Thorndike and Torres. 'Declare that the City shall take legal action to clawback all monetary payments made to Spiegel, Thorndike and Torres.' (A 'clawback' is a contractual provision by which money already paid to an employee must be returned to an employer, sometimes with a penalty.) Award Dr. Allen L. Diercks attorney fees for the council's violations of the Iowa Open Meetings Act. Enter other relief to Diercks that is just and equitable, including court costs and attorney fees. The suit refers to Chapter 21 of the Official Meetings Open to the Public (see the Iowa Code here) that regulates public meetings. Read Chapter 21 of the Iowa Code here. Read Chapter 22 about open records here. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
13-05-2025
- Politics
- Yahoo
Bill curbing local fireworks rules approved ahead of America's 250th anniversary
The Iowa House passed legislation restricting local governments from implementing more stringent fireworks regulations than in state law on July 3, 4 and Dec. 31. (Photo by Kathie Obradovich/Iowa Capital Dispatch) A bill passed by the House Monday limiting local government's ability to restrict fireworks use will help the state participate in President Donald Trump's plans for major celebrations of the 250th anniversary of the U.S.'s founding in 2026, Rep. Bill Gustoff, R-Des Moines, said. The House passed Senate File 303 with a vote of 51-39, sending it to Gov. Kim Reynolds. The bill prohibits county boards of supervisors and city councils from prohibiting or limiting the use of fireworks on July 3, 4 and Dec. 31, outside of existing regulations in Iowa Code. State law sets certain constraints on fireworks — which are legal to use from June 1 through July 8 and Dec. 10 through Jan. 3 of each year — that outlaws the sale of fireworks to minors and the use of 'display' fireworks by people or organizations outside of local approval, as well as sets certain time restrictions on fireworks. If signed into law, it would remove ordinances or other regulations set by several Iowa localities that ban or restrict the use of fireworks, including Des Moines, Ames and Iowa City. Gustoff, the bill's floor manager, said lifting these local restrictions for three days a year will allow 'the unwary, patriotic American in Iowa' to celebrate the nation's founding without running the risk of breaking local law. He said this will be especially important as the country prepares to celebrate the country's 250th anniversary. Trump has floated bringing these celebrations to the Iowa State Fairgrounds. Trump has proposed a yearlong celebration that he said would begin at the Iowa State Fair for the 'Great American State Fair' scheduled from Memorial Day 2025 to July 4, 2026. 'Mr. President, we welcome that idea in Iowa, and we're ready, willing and able to host the party,' Gustoff said. 'Iowans would want to join their fellow citizens from around the nation to celebrate the semi-quincentennial birthday of the greatest nation in history, in the world. … We need to enable Iowans to be part of that celebration.' That includes being allowed to set off fireworks without violating local regulations, Gustoff said. However, Democrats have repeatedly expressed concerns about limiting local government's ability to set rules on fireworks use, particularly when different communities may set these regulations to address public safety hazards. 'When I look at the list of who signed on as lobbyists, it's striking to me that anyone concerned with public safety — firefighters, the fire marshals, the fire chiefs — are all against it, because they know what the challenges are in an urban environment,' Senate Minority Leader Janice Weiner said in March. 'And it should be — in my view, it also should also be a local government issue.' Rep. Eric Gjerde, D-Cedar Rapids, introduced an amendment Monday that would prohibit 'consumer fireworks for personal use.' He said that in Cedar Rapids, which has a ban on fireworks within city limits, the Cedar Rapids Fire Department received 636 calls for service for fireworks between June 1 and July 8, 2024. These included some dumpster, grass and debris fires caused by fireworks, in addition to calls from people who think the sounds of fireworks are gunshots — calls that require multiple law enforcement officers to respond and investigate. He also brought up issues people in Iowa communities have with fireworks, like veterans who suffer from PTSD having adverse responses to fireworks going off nearby. 'When we take away the local control of cities and counties to determine what works best for them and what works best for their individuals — to me, it's just easier to say, let's just get rid of consumer fireworks altogether and stick with the display fireworks by our cities and our counties,' Gjerde said. '… So I think that even though we all enjoy — I enjoy a good firework display — but I also think we need to be certain that's what's in the best interest for everybody.' The amendment failed. Gustoff said fireworks have been around for thousands of years, saying there's 'no denying that they have broad-based appeal, and they're here to stay.' The measure goes to Reynolds for final approval.
Yahoo
25-04-2025
- Yahoo
Eastern Iowa company charged with felony for lack of insurance following employee's death
The Johnson County Attorney's Office has filed felony charges against a Scott County company for failing to have workers' compensation insurance after a worker died at its Iowa City location. Hawkeye Waste Systems, Inc. and four employees and "corporate officers" were charged with failure to maintain workers' compensation insurance in the Johnson County District Court on Wednesday, April 23. That charge is a Class "D" felony in Iowa, punishable by a maximum of five years in prison and a $10,000 fine. More: Federal restraining order says UI students cannot be deported, demands status reinstatement The lawsuit also names James and Chris Watts, Mary Sheen and Chris Dohrer. Dohrer is listed as the general manager of Watts Trucking, the parent company of Hawkeye Waste Systems, on LinkedIn. Watts Trucking was founded in 1948 and operates out of the Quad Cities, according to its website. More: North Liberty man sentenced to 50 years in prison for Iowa City break-in, sexual assault According to court documents, Matthew Reuwsaat sustained "severe head trauma in a workplace accident" at the company's Iowa City location on Oct. 31, 2024. An online memorial post indicated that the accident involved a skid loader. Reuwsaat died at the University of Iowa Health Care Medical Center on Nov. 9. The Occupational Health and Safety Administration, OSHA, and the Iowa Division of Workers' Compensation investigated and allegedly discovered that Hawkeye Waste Systems "does not have worker's compensationinsurance as required by Iowa Code, and has not been approved to be self-insured by theIowa Insurance Division." Court documents accuse Hawkeye Waste Systems of "knowingly and willfully engaging in business without first obtaining" workers' compensation insurance, which is required by law. "Prioritizing public safety means holding employers accountable for providing basic protections for workers and their families as State law requires them to do," County Attorney Rachel Zimmermann-Smith said in a statement. Arraignment is scheduled for 1:30 p.m., May 19 at the Johnson County Courthouse. Reuwsaat, 61, was born and raised in Newton, Iowa and graduated from Newton High School, according to an online obituary. He worked as a diesel mechanic in Iowa City. Reuwsaat married his "soulmate" in 2015. He had one daughter and three grandchildren. "Matt had a kind heart, always willing to help anyone he could, no matter how well he knew them," the obituary said. "He never expected anything in return from those he helped. He also had a talent for fixing things and was willing to tackle any repairs." Ryan Hansen covers local government and crime for the Press-Citizen. He can be reached at rhansen@ or on X, formerly known as Twitter, @ryanhansen01. This article originally appeared on Iowa City Press-Citizen: Eastern Iowa company faces felony charge following employee's death
Yahoo
17-04-2025
- Politics
- Yahoo
Iowa Senate adds restriction on Capitol security video to open records bill
The Iowa Capitol in Des Moines on April 1, 2025. (Photo by Cami Koons/Iowa Capital Dispatch) The Iowa Senate amended an open meetings and records bill Thursday to list security camera footage from the Iowa Capitol building as 'confidential records.' House File 706 is this year's attempt to implement higher penalties and training requirements for Iowa's open meetings and records laws. Fines for violating open meetings laws would increase to between $500 and $2,500 from the current range of between $100 and $500. Knowing violations of these laws would rise to between $5,000 and $12,500; the current fine is between $1,000 and $2,500. The bill also would require that a member of a government body be removed from office if they engaged in a prior violation of open meetings laws. Additionally, newly elected and appointed public officials would have to complete a training on open records laws when they take office. The bill passed the House unanimously in March. The measure is largely a response to alleged violations of open records laws by the city of Davenport following a six-story apartment building collapse in 2023 and alleged open meetings law violations regarding the city of Davenport reaching settlement agreements with three city employees without the city council's approval in a public meeting. Lawmakers also approved similar legislation in 2024, but the bill was vetoed by Gov. Kim Reynolds over language added as a Senate amendment introduced by Sen. Scott Webster, R-Bettendorf, that changed the definition of a 'meeting' of a government body. Though this language is not present in the 2025 bill, Webster introduced an amendment Thursday that would add two types of information to the list of approved confidential records in Iowa Code — information obtained from security cameras operated by the legislative branch on property owned or leased by the state, and information 'obtained from state employee identification card access systems' for buildings and rooms owned or leased by the state — specifically referring to the Iowa State Capitol. Webster said this language, approved as an amendment in a 32-15 vote, would prevent people from using open records requests to find 'blind spots' in Capitol security and prevent stalking or harassment of elected officials and government employees. 'If people wanted to cause this harm to the Capital building — to the people's building — wanted to find out and go through all the camera footage to figure out where the blind spots might be in this Capitol, they could do it through an open records (request),' Webster said. 'We're eliminating that availability right now, which makes everybody in this building safer.' Legislative staff said they are not aware of security camera footage being used to stalk or harass any lawmakers at the Statehouse. Webster said an agreement was reached with groups like the Freedom of Information Council, the Iowa Newspaper Association and House lawmakers removing restrictions on the Iowa Department of Public Safety footage in an earlier version of the amendment, to ensure access to body camera footage would not be impacted. But Democrats said the measure would prevent Iowans from accessing public information. Sen. Janet Petersen, D-Des Moines, said that Iowans, as taxpayers, are paying for lawmakers' and public workers' time at the Iowa State Capitol, and should be able to access footage as requested. 'They're paying the bill to run the camera,' Petersen said. 'They're paying the bill for this beautiful building. Why would we take public access away from them — in an open meetings bill no less? You want to take away public access and say it's because of security — no it's not.' Webster said security camera footage could still be accessed through subpoenas — court orders to provide information or records — in cases where a person commits a crime in the Capitol building. Sen. Herman Quirmbach, D-Ames, said the potential use of subpoenas to access these records was an 'excuse' to obscure the limit being put on public access to what happens at the Capitol. 'The average citizen doesn't have access to getting a subpoena, and shouldn't need that access in that manner,' Quirmbach said. 'The bill, as it has been amended, restricts the public access. It is not something that this Legislature should endorse.' The measure returns to the House for approval of the amendment.
Yahoo
17-04-2025
- Yahoo
Webster County deputy's shooting of chase suspect ruled justified
DES MOINES, Iowa — An officer-involved shooting in Webster County last week that injured one suspect has been ruled justified. Webster County Sheriff Luke Fleener revealed more information Thursday about the shooting and disclosed the results of the DCI's investigation in a news release. The April 7th shooting was the result of an incident that began when WCSO was dispatched to a domestic disturbance in Gowrie involving a man who had been drinking. The man, who Sheriff Fleener identified as 41-year-old Shawn Marshall, left the location before deputies arrived, and they were informed he had a gun in his truck and might harm himself or others. Suspect shot and killed by law enforcement on I-80 identified Deputies located the truck Marshall was driving, and a chase began that went through Dayton and the southern part of the county. Stop sticks and a PIT maneuver led to the disabling of Marshall's truck near River Road and Highway 175. As deputies approached Marshall's truck, they ordered him to put his hands up. The WCSO said Marshall reached down to the passenger seat and told deputies he was getting his gun, then made a shooting motion toward a deputy through the back window of the truck. A WCSO deputy fired one shot through the back passenger window, hitting Marshall in the right hand. Sheriff Fleener said the deputy who fired the shot was Matt Miller, who has 1 1/2 years of law enforcement experience with the WCSO.. The Sac County Attorney's Office conducted the official review of the officer-involved shooting in order to avoid a conflict of interest. Based on the investigation by the Iowa Division of Criminal Investigation, the SCAO concluded the use of reasonable and deadly force was justified. Sac County Attorney Ben Smith provided a statement about the investigation. 'Based on the totality of the evidence—including body-worn and dash camera footage, witness statements, dispatch records, and forensic reports—the Sac County Attorney's Office concludes that Deputy Matthew Miller's use of reasonable and deadly force on April 7, 2025, was justified under Iowa Code §§ 704.1 and 704.3. His actions were reasonable, proportionate, and necessary to neutralize an imminent threat posed by Shawn Marshall. Not only did Deputy Miller's actions meet the legal requirements for using deadly force, but he also demonstrated professionalism and extraordinary situational awareness throughout the incident.' Sac County Attorney Ben Smith Deputy Miller will be allowed to return to active duty after completing a psychological review, per department policy. Sheriff Fleener said Marshall remains hospitalized due to his injuries. Criminal charges are pending in the incident. Webster County deputy's shooting of chase suspect ruled justified Where in Iowa large hail could fall Thursday night 'Hope cannot be forgotten': Iowa inmates to get cold case playing cards with 52 unsolved cases ISU students react to proposed tuition price hike Bill creating a center of intellectual freedom at University of Iowa sent to governor's desk Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
