John Waddell v. Charles Brooke, Mayor, and the City of Davenport

Summary

The Iowa Supreme Court affirmed the denial of John Waddell's challenge to his removal from the Davenport Board of Adjustment. The court held that the district court had subject matter jurisdiction to review the removal by certiorari, that the mayor was the appointing authority with power to remove Waddell for cause after a public hearing, and that substantial evidence supported the finding that Waddell's failure to respond to the mayor's inquiries constituted insubordination.

Holdings

1. Because Brooke removed Waddell for cause under Iowa Code section 414.8, which requires a public hearing before removal, Waddell was not required to request a hearing under section 372.15 to exhaust his remedies before filing his certiorari action.
2. The district court had subject matter jurisdiction to review the mayor's and city's removal action by writ of certiorari because the statutory notice-and-hearing process was quasi-judicial and Waddell was contesting his removal from office.
3. Brooke, as mayor and the appointing authority for the Davenport Board of Adjustment, had statutory authority to remove Waddell for cause upon written charges and after a public hearing.
4. The mayor's decision to remove Waddell before the public hearing was not illegal because section 414.8 required written charges and a hearing before the removal became final, and Waddell remained in office pending the hearing.
5. Substantial evidence supported the city council's determination that Waddell's failure to respond to the mayor's inquiries constituted insubordination and cause for removal; the court therefore could not substitute its judgment for the council's.

Questions Presented

1. Whether Waddell was required to request a public hearing under Iowa Code section 372.15 before filing a certiorari action.
2. Whether the district court had subject matter jurisdiction to review the mayor's removal of Waddell by writ of certiorari.
3. Whether Brooke, as mayor, had authority to remove Waddell from the Board of Adjustment.
4. Whether Brooke's decision to remove Waddell before the public hearing violated Iowa Code section 414.8.
5. Whether Waddell's failure to respond to the mayor's letters constituted insubordination and substantial evidence supporting removal.

Disposition

affirmed