from the Iowa District Court for Scott County, Mark J. Smith,
McIntosh appeals the district court's annulment of a writ
of certiorari. AFFIRMED.
Michael J. Meloy of Meloy Law Office, Bettendorf, for
Michael C. Walker and Paul L. Macek of Hopkins & Huebner,
P.C., Davenport, for appellees.
Considered by Danilson, C.J., and Mullins and McDonald, JJ.
February 6, 2017, the city council of the City of Riverdale
unanimously voted to remove Paula McIntosh from her position
as city clerk "for inattention to detail and lack of
effective communication and cooperation with City
Officials." The next day, Riverdale, by certified mail,
sent a written order of removal advising McIntosh of the
council's decision and of her right to file a request for
a public hearing before the council. See Iowa Code
§ 372.15 (2017). On February 13, McIntosh requested such
a public hearing. On both February 15 and 23, Riverdale,
through counsel, advised McIntosh by letter that the public
hearing would take place at the city council meeting on March
On March 1, the minutes of the February 21 city council
meeting were published in the Quad City Times. This
publication noted the council's approval of a motion
"to schedule Public Hearing on March 7, 2017, during
regular Council Meeting pursuant to Iowa Code 372.15
Regarding The Removal of an Appointee following all
business." On March 2, Riverdale posted an agenda for
the upcoming March 7 council meeting outside of city hall
which noted McIntosh's removal would be considered at the
meeting. McIntosh ultimately attended the March 7 council
meeting, in which she was represented by counsel and she and
several others spoke on her behalf, after which the council
voted unanimously to confirm the removal of McIntosh as the
April 5, McIntosh filed a petition for a writ of certiorari
alleging (1) Riverdale violated Iowa Code section 362.3 and
Riverdale Municipal Code section 18.05 by failing to properly
publish notice of the public removal hearing and (2) such
improper notice violated her due process rights under the
Iowa Constitution. Following the district court's
issuance of a writ of certiorari, Riverdale moved to quash
the writ. Following a hearing, the district court granted
Riverdale's motion to quash and annulled the writ of
certiorari, concluding Iowa Code section 372.15 and its
counterpart in the Riverdale Municipal Code do not require
notice of a removal hearing and McIntosh's due process
rights were not violated.
appeals, contending the district court erred in concluding
Riverdale was not required to publish notice of the hearing
and her due process rights were not violated. We review
certiorari actions and issues of statutory interpretation for
correction of errors at law. Burroughs v. City of
Davenport Zoning Bd. of Adjustment, __ N.W.2d__, __,
2018 WL 2372570, at *4 (Iowa 2018) (certiorari); Jahnke
v. Deere & Co., 912 N.W.2d 136, 141 (Iowa 2018)
(statutory interpretation). Our review of the constitutional
due process claim is de novo. See City of Des Moines v.
Ogden, 909 N.W.2d 417, 422 (Iowa 2018).
McIntosh argues the district court erred in concluding
Riverdale was not required to publish notice of the public
hearing before the city council. Specifically, she contends
the correct statutory interpretation of Iowa Code section
372.15 and its counterpart in the municipal
requires formal publication of notice of the public hearing.
Her position is that the use of the term "public
hearing" in these provisions "infers" a
requirement that notice of the hearing be formally published.
As such, McIntosh argues Iowa Code section 362.3 and its
counterpart in the municipal code require publication be made
in accordance with those provisions.
Code section 372.15, which concerns "removal of
appointees," provides the following:
Except as otherwise provided by state or city law, all
persons appointed to city office may be removed by the
officer or body making the appointment, but every such
removal shall be by written order. The order shall give the
reasons, be filed in the office of the city clerk, and a copy
shall be sent by certified mail to the person removed who,
upon request filed with the clerk within thirty days of the
date of mailing the copy, shall be granted a public
hearing before the council on all issues connected with
the removal. The hearing shall be held within thirty days of
the date the request is filed, unless the person removed
requests a later date.
(Emphasis added.) Iowa Code section 362.3, which governs
"publication of notices," in relevant ...