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Freedom of Information Council wins fight to intervene in Davenport case • Iowa Capital Dispatch

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Freedom of Information Council wins fight to intervene in Davenport case • Iowa Capital Dispatch


A judge has allowed the Iowa Freedom of Information Council to intervene in a case that pits the City of Davenport against a resident who is seeking access to municipal records.

The ruling marks a setback for the City of Davenport, with the judge basing his decision on arguments articulated by the city’s own lawyers. A hearing on the larger issue of whether the sought-after records should be disclosed to the public is scheduled for May 14.

The dispute has its origins in a September 2023 letter that Davenport’s then-city administrator, Corri Spiegel, sent to the city’s lawyers. In her letter, Spiegel demanded financial compensation for alleged workplace discrimination, harassment, bias, intimidation and retaliation.

The city ultimately agreed to pay Spiegel $1.6 million, but that agreement was not made public until after the city’s November 2023 elections – and the letter from Spiegel has yet to be made public.

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After the settlement was made public, city resident David Ezra Sidran filed a formal Open Records Law request to gain access to Spiegel’s letter. The city then filed a civil action against Sidran, claiming his request for access had put the city in the “impossible position” of either turning over the document and facing litigation for disclosing a confidential record, or denying access and being sued for violating the Open Records Law.

Through the civil action, the city is seeking a determination from the court as to whether the document is public or confidential.

The Iowa Freedom of Information Council filed a motion to intervene in the case, arguing that it has a direct interest in access to public records, particularly in matters that affect the operation of government and the expenditure of taxpayer funds.

The city, however, resisted the council’s efforts to intervene, claiming the council had no direct interest in the case that would allow it to become a party to the proceedings. In response, the council said the city was simply attempting to have the court “bless its refusal to release the letter” and effectively immunize it from liability for keeping the document secret. The council also noted that its members, including the Quad-City Times, were also seeking access to the letter.

Lawyers for the city were dismissive of that argument, telling the court, “So, the argument goes, because its members have an interest in securing the release of the letter, presto, FOIC now has an interest and, FOIC magically becomes a ‘real party in interest in this ligation and has a clear and direct interest in the subject matter of this litigation and outcome.’ ”

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“Correct,” District Court Judge Henry W. Latham II stated in his written order on Wednesday, replying directly to the city attorneys’ argument. “It is important to remember that the city’s requested relief does not apply only to Sidran. The city wants the court to determine whether the letter is confidential and whether the city has a right to release the letter. As the FOIC indicated, at least one of its members has already requested a copy of the Letter. The outcome of this case will affect the interests of the FOIC. Accordingly, the Iowa FOIC has a right to intervene.”

Latham also ruled on a motion to intervene in the case by Tiffany Thorndike and Samantha Torres, two former city employees who also collected settlements from the city around the time of Spiegel’s payout.

Thorndike and Torres had written similar letters to the city, and those letters were made public – although city officials later claimed they released them accidentally after determining it was going to keep them confidential.

Latham denied the motion by Thorndike and Torres, finding that whether the city had negligently released their letters was a separate issue from whether the city was legally obligated to turn over Spiegel’s letter.

The City of Davenport has also been fighting a subpoena from Iowa Auditor of State Rob Sand for records related to the settlements.

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That subpoena calls for the city to produce closed-session minutes and recordings of five city council or committee-of-the-whole meetings, as well as copies of all emails and memos discussing the settlements.

In March, Iowa Freedom of Information Council Executive Director Randy Evans spoke to a legislative committee about the city’s action.

“I can’t recall a more egregious example of blatant disregard for the requirements of the public-meetings law as that which has occurred in the City of Davenport starting last fall and continuing to the present,” Evans said. “It should trouble every taxpaying citizen of Iowa, and the members of this General Assembly, that the city council and top administrators in Davenport worked out (an arrangement) to pay nearly $2 million in taxpayer money to three high-ranking city employees prior to the city election last November and yet never thought to bring those settlement agreements before the city council for a public vote.”



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Iowa

Brody Brecht Strikes Out 13 in Iowa Win

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Brody Brecht Strikes Out 13 in Iowa Win


It’s not really a cliché when Brody Brecht says he takes everything one pitch at a time.

It’s an approach that is now making him, as his coach described it, a “really polished pitcher.”

Brecht matched a career high with 13 strikeouts, allowing just two hits and one run over eight innings in Iowa’s 9-2 win over Northwestern on Saturday at Duane Banks Field.

The Hawkeyes (27-18 overall, 12-8 Big Ten) clinched the series against the Wildcats (13-29, 2-15) behind Brecht, who is putting together an impressive run to close the regular season.

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Brecht (3-2), over his last three starts, has struck out 36 in 22 ⅔ innings, allowing just five hits, three runs (two earned) and eight walks in that stretch.

“I continue to preach the mental side of the game — just control what I can control,” Brecht said. “Take it one pitch at a time — it’s been a big focus for me.”

Iowa coach Rick Heller appreciates that approach.

“I just think from a confidence standpoint, from a focus standpoint, he’s in a great place right now,” Heller said. “He isn’t putting the weight of the world on every pitch. He’s just going out and playing and having fun and helping the team, not worrying about anything but the next pitch. That’s great to see, because that hasn’t always been the case.”

Brecht’s confidence could be seen early. Northwestern’s Preston Knott doubled into the right-field corner on Brecht’s second pitch of the game. Knott ended up scoring — he moved to third base on Bennett Markinson’s fly ball to right field and scored on Jackson Freeman’s sacrifice fly. But those two outs started a streak of 12 consecutive hitters retired by Brecht.

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Brecht was consistently working ahead of the hitters during that run.

“That’s the name of the game — getting ahead,” he said. “When you get ahead, the chase rates go up.”

Brecht finally got a lead in the fifth inning, when Iowa scored three runs off a bases-loaded walk, a sacrifice fly, and a double steal.

Brecht had six of his strikeouts in the three innings after the Hawkeyes had taken the lead.

“He was in control the entire time, I felt like,” Heller said. “He’s in a really good zone right now. When he would hit a little spell when he wasn’t getting ahead, he stepped back, found a way to get back in the zone. When we did score, he had shutdown innings.

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“He was just really, really in control. That was the third one in a row where he looked like a really polished pitcher.”

Iowa got a run in the sixth on Raider Tello’s run-scoring single, then broke open the game in the eighth with five runs. Andy Nelson had a two-run double, Tello drove in a run with a double, then Reese Moore hit a two-run home run.

“I was really happy,” Heller said. “There were so many quality at bats today where there was no reward. To finally have it break through shows you that the mentality was right.”

Brecht’s long outing — he threw 115 pitches — allowed Heller to conserve his bullpen for Sunday’s series finale. Heller had planned on using Ben DeTaeye in the eighth if Brecht needed help, and then Jack Young in the ninth, but the big lead allowed him to save both.

“That was exactly what we needed to be in good shape for tomorrow’s game,” Heller said.

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Drought Completely Erased In Northwest Iowa – KIWA Radio

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Drought Completely Erased In Northwest Iowa – KIWA Radio


Northwest Iowa — While farmers were worried what this year would bring when it started in January due to 182 straight weeks of drought — and even as spring neared, our very dry soil conditions had farmers concerned — it seems to be of less and less concern, especially in our area, due to timely rains.

According to the US Drought monitor at the University of Nebraska, Lincoln, while there was a little area of “abnormally dry” conditions in our part of northwest Iowa two weeks ago, that area has disappeared, and, in fact, the state as a whole is showing less and less drought.

The latest USDA Crop Progress Report for Iowa showed continued improvement in moisture levels. Only nine percent of northwest Iowa topsoil was either short or very short of moisture compared to 19 percent the previous week. 67 percent of northwest Iowa has adequate moisture, with 24 percent surplus.

All of the recent rainfall is also having a direct impact on lake levels. Mike Hawkins, a fisheries biologist with the Iowa Department of Natural Resources tells KUOO news levels on the Iowa Great Lakes have risen considerably recently.

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And with more rain in the forecast, Hawkins says those levels are likely to come up even more. Rain is possible this Monday and Monday night.

(With help from fellow Community First Broadcasting stations KUOO in Spirit Lake and KAYL in Storm Lake)



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Pottawattamie County Storm Damage Dollar Estimates Released

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Pottawattamie County Storm Damage Dollar Estimates Released


(Pottawattamie County) Pottawattamie County officials say the damage caused by the April 26 tornadoes is estimated at $20,916,438.00, including $12,213,237.00 in Minden.

Craig Carlsen, Public Relations Manager, says assessments on damage across the county continue but are starting to validate the full scope of the tornado damage.

Below is a table of the property damage by the numbers, excluding public infrastructure.

Pottawattamie Countywide                          Residential            Commercial           Total
Impacted Properties                                                259                              43                                 302
Destroyed Properties                                               73                                23                                   96
Majorly Damaged Properties                                 51                                  3                                    54
Minor and Affected Properties                              135                              17                                   152
Cost                                                                        $19, 026,209         $37,979.00               $19,064,188

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Minden
Impacted Properties                                               151                               43                                     194
Destroyed Properties                                              42                                23                                       65
Majorly Damaged Properties                                31                                   3                                       34
Minor and Affected Properties                             78                                 17                                       95
Cost                                                                         $10,375,258                 $37,979.00                     $10,413,237

Meanwhile, power is restored to all homes and businesses capable of receiving it in Minden. The State of Iowa partnered with Minden to obtain contract services for a temporary water treatment plant and a debris removal contract to expedite recovery.

Pottawattamie County Officials emphasize the importance of residential and business property owners submitting their damages to the Pottawattamie County Emergency Management website. The reports provide vital information that supports the request for federal assistance to homeowners and business owners. The damage reporting portal can be found at pcema-ia.org.

The Muli-Agency Resource Center will be in Minden today from 1:00 p.m. to 4:00 p.m. at the United Church of Christ to meet various needs of Pottawattamie County Residents impacted by the Tornado outbreak.

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At Western Iowa Today, we strive for reporting accuracy. If you see a mistake or a typo, please let us know by email to news@westerniowatoday.com.

Story Content (c) 2024 Meredith Communications LC – All Rights Reserved.



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