DAVENPORT, Iowa — A Scott County judge has sided with former Seventh Ward Alderman Derek Cornette in his lawsuit against the City of Davenport. "I was pleased with the decision and looking forward to getting back and serving the people of the Seventh Ward," Cornette said.
Cornette was removed from the city council by a 7-3 vote at a special meeting on Sept. 7. He was accused of sexually harassing female staffers and drinking on the job. After his removal, Cornette sued the city, claiming that he didn't receive enough time to prepare a proper defense.
On Wednesday, Dec. 6, Judge Henry Latham ruled that the city council violated Cornette's due process rights during his removal. While the judge noted that there is no obligation for an elected official's removal to be treated as a formal legal hearing, because the city council didn't provide a written opinion explaining its decision, Cornette's ability to assess the rationale behind it was unfairly hindered.
"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," Latham wrote in his ruling.
At a Dec. 6 council meeting, the same day the court's ruling was released, Cornette said he's ready to return to his council post but cannot due to the city filing an appeal with the Iowa Supreme Court — also on the same day. "Love the Seventh Ward, best ward in the city, I was hoping I'd be sitting in the chair tonight so I'd be representing you," he said.
Latham's ruling granted Cornette's request for an injunction against installing a temporary alderman. However, Cornette lost reelection to Mhisho Lynch, who was sworn in early on Nov. 21 to fill Cornette's seat in his absence until the end of the year, and according to a city calendar, there are only two meetings of the Davenport City Council remaining in 2023. When asked what his future plans might be given these facts, Cornette said "there could be other actions, but I'm not at liberty to say right now."
News 8 spoke with assistant attorney Brian Heyer at the Dec. 6 meeting, but he declined to comment on the matter.
Watch more news, weather and sports on News 8's YouTube channel