The Ottumwa Courier

AP Iowa

July 5, 2013

Iowa court: Dyersville violated open records law

DES MOINES, Iowa (AP) — The Iowa Supreme Court said Friday the city of Dyersville violated the state open records law in 2010 because it took more than two months to respond to a request for documents from a construction supply business that sued the city over its contract bidding process.

Horsfield Materials of Epworth sued Dyersville claiming the city violates state public bidding laws by allowing only three preapproved companies to bid on contracts to supply concrete and rock for construction projects.

The court found in its ruling released Friday that city practices do not violate bidding laws.

The court said the city's policy of accepting bids only from companies it has experience with and knows can provide the quality of materials required "serves a realistically conceivable governmental interest in quality control."

The court said there may be better ways to assure quality at a competitive price but the city's process is not so arbitrary that it violates constitutional rights of equal protection or due process.

However, the court found that Dyersville took too long to respond to requests from Horsfield for documents, handing over 600 pages after about 70 days. The court sent that portion of the case back to Dubuque County District Court for further action.

Douglas Henry, an attorney representing Dyersville, said city officials believe they did not violate the law. He said the next step depends on Horsfield.

"It's sent back to the trial court level for further action. What that action is depends in large part on what the other side thinks should happen now and we'll respond to that," Henry said.

The attorney for Horsfield did not immediately respond to messages.

The open records law says remedies for violations could include a fine of up to $500 for anyone participating in a violation and fines of between $1,000 and $2,500 for anyone who knowingly violated the law.

The court also could order payment of costs and attorney fees by the person found to have violated the law. If no specific person is blamed, the costs could be paid out of the city budget.

1
Text Only
AP Iowa
  • Hot air balloon brushes power line at Iowa event INDIANOLA, Iowa (AP) — A hot air balloon brushed a power line and caused an outage at the National Balloon Classic near Indianola. An event official, Bill Clemons, says the balloon was on the ground Tuesday night when it touched the wire and then dra

    July 30, 2014

  • Wilson Island State Recreation Area set to reopen COUNCIL BLUFFS, Iowa (AP) — A state recreation area near Council Bluffs is scheduled to reopen soon. The Iowa Department of Natural Resources says the Wilson Island State Recreation Area will open its gates Monday. Workers are currently adding fire r

    July 30, 2014

  • Iowa parents speak out against school changes DES MOINES, Iowa (AP) — Students at Des Moines middle schools no longer have the option to take advanced English and science classes. The Des Moines Register reports (http://dmreg.co/WMKKcT ) Tuesday that some parents are concerned that top performer

    July 30, 2014

  • Iowa's first startup accelerator set to begin CEDAR RAPIDS, Iowa (AP) — Cedar Rapids is joining the expanding pool of U.S. cities that want to kick-start fledgling businesses. The Des Moines Register reports (http://dmreg.co/1nSV5z7 ) that the Iowa Startup Accelerator begins Monday and is the fi

    July 30, 2014

  • Cedar Rapids murder case now in judge's hands CEDAR RAPIDS, Iowa (AP) — A Linn County judge is considering the fate of a 20-year-old man accused of killing a former women's basketball standout from Cedar Rapids. Cedar Rapids television station KGAN says (http://bit.ly/1oKi8eC ) closing arguments

    July 30, 2014

  • Inspector had cited lauded Iowa nursing home WAVERLY, Iowa (AP) — A northeast Iowa nursing home was cited for unsanitary conditions in its kitchen seven weeks before it was lauded by the governor's office as among the best such facilities in the state, The Des Moines Register (http://dmreg.co/U

    July 29, 2014

  • Dozens of animals found inside two Fort Dodge homes FORT DODGE, Iowa (AP) — Fort Dodge authorities have found a total of 50 to 60 animals inside two homes that stank of urine and feces. Officers who responded to a nearby residence on Saturday were told about the animals. Officers then found eight dogs

    July 29, 2014

  • US Treasury secretary to visit Davenport area DAVENPORT, Iowa (AP) — U.S. Treasury Secretary Jacob Lew will visit the Davenport area to tour a manufacturing plant. Lew is scheduled to travel to Iowa on Tuesday. He'll tour Alcoa's Davenport Works facility, which produces aluminum products, includ

    July 29, 2014

  • Authorities: Fire destroys railroad bridge in Iowa DUBUQUE, Iowa (AP) — Authorities say a fire has completely destroyed a railroad bridge in eastern Iowa along the Mississippi River. The Dubuque County Sheriff's Office says multiple departments responded to the Monday fire near the Massey Station. Cr

    July 29, 2014

  • Golf rounds donated for Linn County veterans CEDAR RAPIDS, Iowa (AP) — Corporate sponsors and the city of Cedar Rapids have donated 675 rounds of golf for active duty and honorably discharged veterans in Linn County. Patriot Golf Week begins on Aug. 25 and ends on Labor Day. The week is set up

    July 29, 2014

Obituaries
Record
Facebook
AP National