Iowa Supreme Courtroom sides with Davenport over removing of civil rights commissioner | Nationwide Information

The Iowa Supreme Court sided with Davenport City and former Mayor Frank J. Klipsch on Friday to remove a former member of the Davenport Civil Rights Commission.

The membership dispute began in late 2018 when three commissioners were not reappointed at the end of their terms.

The three commissioners insisted that they remain lawful commissioners, claiming that a vacancy would only exist if a commissioner voluntarily resigns, which city officials and replacement commissioners vigorously denied.

In spring 2019, Klipsch removed four more commissioners who stood up for the three expired. One of these four people, Nicole Bribriesco-Ledger, sued the city and Klipsch for their removal before their term expired, claiming the mayor had no authority to remove them without disciplinary action or without giving a reason.

Bribriesco-Ledger argued that their removal was arbitrary and capricious and politically motivated. Klipsch has been accused of trying to rid the commission of people he disagreed with in the past.

Members of the Civil Rights Commission usually have a fixed term of two years and are replaced by candidates proposed by the mayor and approved by the city council.

A group of commissioners, including Bribriesco-Ledger, refused to leave the commission even though new commissioners were appointed to fill the seats. The conflict between the city and the Commission for about a year led to a standstill and a standstill in the work of the Commission.

A district judge passed the city ruling on the case last June, stating that the city ordinance is clear that the term of office of a commissioner is two years and that the term of office of the four commissioners has expired based on their appointment dates. However, Bribriesco-Ledger went ahead with her lawsuit in which she denied their removal.

Klipsch and the City of Davenport filed a motion to dismiss the lawsuit because Iowa law did not impose a requirement to provide a reason for the removal and that the commissioners were available to the mayor.

A district court denied the city’s motion, ruling that dismissal for good cause is a fundamental characteristic of an independent agency.

The quasi-judicial seven-member civil rights commission investigates and decides on civil rights violations in Iowa’s third largest city.

Klipsch and the city appealed to the Iowa Supreme Court, which found a 5-1 majority opinion that the district court was wrong in its decision. The judges found that Iowa law “did not require Klipsch to provide a reason for removing Bribriesco-Ledger from the commission,” and referred the case back to the district court for dismissal.

Judge Brent Appel issued a 32-page dissenting opinion, arguing: “Independent agencies and historical case law recognize the need to protect decision-makers in independent agencies by protecting them from dismissal without cause.”

Kilpsch said on Friday: “In all cases I have done what I saw right. I followed the law and did my best for the community.

“I think it’s great that the Supreme Court upheld these decisions,” he said. “It’s unfortunate that it took so long to get to this point.”

Davenport attorney Richard Davidson, who represented Klipsch and the city, said the Supreme Court “made the right decision based on the law … and that is the final conclusion”.

“The question has been answered and anyone can move forward,” said Davidson.

Bribriesco-Ledger’s attorney, Mike Meloy from Bettendorf, claims the case should have been brought to justice.

“We are disappointed with today’s opinion,” said Meloy. “We believe the 32-page dissent of the Supreme Court, Appel, highlights the legal issues surrounding the importance of a local and independent civil rights commission. Perhaps Davenport City Council will now consider changing Chapter 2.58 of the Davenport City Code to create a “For Cause” standard before a local civil rights officer can be removed from office. It is imperative that Davenport City have an independent civil rights commission. “

Davenport Mayor Mike Matson said Friday he was satisfied with the Supreme Court’s decision and reiterated his support for the independence of the Civil Rights Commission.

“The people on the Civil Rights Commission are the ones who should be there and I’m happy with that,” Matson said. “I still believe that the Civil Rights Commission should be independent, and I stand by it.”