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Iowa lawmakers, witnesses decry Davenport’s secret deals
City fights efforts to show why it paid $2M to ex-staffers
Caleb McCullough, Gazette-Lee Des Moines Bureau
Mar. 27, 2024 6:01 pm, Updated: Mar. 28, 2024 8:45 am
DES MOINES — The chair of the Iowa House Government Oversight Committee said Davenport’s handling of public records was “disgraceful” and “perplexing” after the committee heard testimony Wednesday about the city’s decision to approve nearly $2 million in settlement agreements with staff without a public vote in 2023.
Lawmakers heard from people involved in related legal disputes with the city of Davenport over public records and requests for information about the agreements, which included a $1.6 million settlement with former City Administrator Corri Spiegel.
Rep. Brooke Boden, a Republican from Indianola and the committee chair, pointed to the extensive legal action Davenport has taken as it resists requests to provide documents about the separation, questioning the use of taxpayer dollars.
“As a representative of the people from my district and the state of Iowa, I am personally disappointed in Davenport’s decision on how to handle requests in those matters, and I personally do not want to see any governmental body getting comfortable with this course of action,” she said.
Davenport city officials did not respond to a request for comment Wednesday afternoon.
The Davenport City Council approved the settlement agreements last year without a public vote, and the city did not make Spiegel's agreement public until more than a month after it was approved — and after the Nov. 7, 2023, election, which included city offices.
The council also approved settlement agreements between $100,000 and $200,000 with two administrative employees.
The city’s deal with Spiegel included $1 million for emotional pain and suffering because of “prolonged and documented instances of harassment by some elected officials” over eight years.
In December, two months after they were signed, the Davenport City Council voted to ratify the agreements in an open session.
Quad City residents Allen Diercks and David Ezra Sidran, both of whom are involved in lawsuits with the city, testified at the oversight hearing. Randy Evans, executive director of the Iowa Freedom of Information Council, also testified.
Pointing to Iowa’s open meetings law, Evans told lawmakers there may be times that a city council needs to meet in private when discussing terms of a settlement agreement or other personnel matters. But the approval of the agreement, Evans said, should have been done in an open meeting.
“The issue with Davenport is that they skipped that one important element at the end of the process, which was making a decision in public,” he said. “And the law is plainly clear there, even if they choose not to abide by it.”
Diercks sued the city in January, alleging the city broke the law in approving the settlements and they should be voided. Sidran, who has requested numerous records, was sued by the city, which is asking the court to determine whether a letter sent by Spiegel to the Davenport City Council is a public record.
In a news release, the city said it named Sidran a defendant only because he requested the records and not in an attempt to discourage public records requests.
Mike Meloy, an attorney representing Diercks, said that Davenport has been challenging any effort by the public to obtain more information about the settlements.
“Something doesn’t smell right here, ladies and gentlemen,” he said. “Why is the city fighting so hard to keep these matters from the public eye?”
State Auditor Rob Sand has subpoenaed documents from the city’s meetings around the separation agreements, which the city has resisted in court.
Lawmakers want more information
The oversight hearing was requested by Rep. Gary Mohr, a Republican from Bettendorf, who introduced a bill this year to strengthen Iowa’s open meetings and records laws.
Mohr said he was frustrated the city had not given answers to questions from lawmakers and the public about the separations.
Davenport officials were not invited to Wednesday’s hearing. Boden said that since the city is in court over the issue, it may be difficult to get them to testify.