Eldridge settles records case over redactions in release of emails on hiring of city clerk

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The city of Eldridge has settled in a case over redactions from emails sent during the city's 2023 search for a new city clerk that were released under a records request, according to the attorney in the case.

Eldridge settled the case for $41,500, according to attorney Mike Meloy, who represented the plaintiff, frequent records-requester Allen Diercks.

Eldridge city council member Scott Campbell said the council was informed a couple weeks ago the city's insurance company settled the case. Campbell said the council had no say on if the city would settle or not.

Eldridge City Administrator Nevada Lemke said the city during the course of the lawsuit "denied wrongdoing of any kind and maintained that denial today."

"While the City remains confident in its legal position and defenses, this mutually agreeable outcome eliminates further litigation costs and attorney's fees, which are the primary damages sought by Diercks," Lemke wrote in an email. "We are pleased to have a resolution so the City can move forward and remain focused on our commitment to our community's needs and interests. While we expressly deny any liability/wrongdoing, the City is dedicated to protecting taxpayer dollars, which are unnecessarily spent defending these meritless claims filed by Diercks/Meloy."

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In 2023, Eldridge was looking to hire a new city clerk after its previous clerk, Denise Benson, was fired in 2022 for using a city credit card for personal expenses.

Diercks, through Meloy, requested communications between council members and others about the city clerk position and requested all applications and applicants' names.

Jeffrey McDaniel, who was the city's attorney at the time, declined to provide applications or applicants' names. McDaniel cited Iowa code chapter 22.7(18) and the case Sioux City vs. Greater Sioux City Press Club, which he wrote provides that applicants for government employment are confidential unless the applicant consents to their disclosure. McDaniel wrote that the city contacted each applicant and one consented to their application being disclosed.

McDaniel also provided emails, but told Meloy that names of the candidates who did not wish to be disclosed would be redacted.

Included in the request were emails from an Eldridge resident, Tisha Bousselot, who raised concerns to city council members about a specific candidate being considered for the role. The person's name and the organizations they worked for were redacted.

In the suit, Diercks and Meloy alleged the redactions were made unlawfully because Bousselot did not request any redactions.

"These E-mails were purposely redacted to prevent scrutiny and embarrassment to Eldridge City officials, including an Eldridge Councilman," the suit stated.

Diercks and Meloy also accused Eldridge of holding several improper closed session meetings in the lead-up to the hiring.

The case did not go to trial, nor did a judge make a ruling in the case.

"The Public owns these records, not the City. Justice was served by payment of $41,500.00 to Dr. Diercks for his attorney fees," Meloy wrote in an email.

Martha Nieto was hired as Eldridge city clerk in July 2023. Nieto retired in February of this year, and the city hired former Davenport revitalization supervisor Letty Goslowsky in 2024 ahead of Nieto's retirement to replace her as city clerk and finance manager.

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