The City of Davenport on Wednesday appealed a ruling in favor of an alderman who was removed from the Davenport City Council.
In September, Derek Cornette, 7th Ward alderman of Davenport, sued the city, the mayor, and the City Council, claiming he was illegally removed from office.
Cornette was removed by a City Council vote after allegations of inappropriate behavior in the workplace and accusations that Cornette attended City Hall meetings under the influence of alcohol.
Cornette and his attorney earlier said his removal was not about anything other than political differences between Cornette and Mayor Mike Matson.
“This ended up being conducted against Alderman Cornette as a witch hunt by the mayor and the City Council because of their political bias against him regarding his opinions stated publicly on matters of public concern,” said Cornette’s attorney, Michael Meloy.
“I say they’re making a mountain out of a molehill,” Cornette said.
The lawsuit
In the suit, Cornette alleged the city published a notice of the removal hearing before they provided Cornette with any written charges for the hearing. He said his due-process rights were violated by the defendants, and that “Defendants recklessly and willfully acted in complete disregard of Cornette’s due process constitutional rights,” according to the lawsuit.
Cornette asked for a temporary injunction in his favor prohibiting Davenport from enforcing its Sept. 7 removal action against him. The suit asked to “sanction defendant Matson for his illegal acts” and enter relief to Cornette “that is just and equitable, including court costs.”
Ruling supports Cornette
In the court’s Tuesday ruling for Cornette, the court says because the City Council violated Cornette’s due-process rights, “because the City Council’s removal of Cornette substantially injured him, and because there is no avenue save injunctive relief through which Cornette can vindicate his rights, the Court finds that an injunction is appropriate in this case.”
“…because there is no avenue save injunctive relief through which Cornette can vindicate his rights, the Court finds that an injunction is appropriate in this case,” according to the ruling.
Additionally, the ruling says “This is a close case. City Council removal proceedings are not judicial in nature, they do not need to abide by every nicety of the law court. But, in this, case, the Council failed to provide the irreducible minimum of due process. The Court notes that although (the Iowa Code) bars a City Council from removing a Council member twice for the same offence (sic), it does not preclude the City from trying its hand in Court. The Court sustains Cornette’s Writ of Certiorari and GRANTS his request for injunctive relief,” the ruling says.
The appeal
On Wednesday, The City of Davenport, Michael Matson, Mayor of the City of Davenport and the Davenport City Council filed a notice of appeal.
“Notice is hereby given that Defendants in the above-captioned matter hereby appeal to the Iowa Supreme Court from the final Order Granting Plaintiff’s Motion for Injunction filed December 5, 2023 and from all adverse rulings and order inhering therein.”
Mhisho Lynch was elected 7th Ward alderman in November.
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