Stay Granted In Water Board Trustee Removal
Eighth Judicial Judge Daniel Wilson
Oskaloosa, Iowa – Oskaloosa Water Board Trustee Errin Keltner didn’t agree with Oskaloosa Mayor Dave Krutzfeldt’s decision to have him removed from the Oskaloosa Water Board of Trustees, and took the City of Oskaloosa and the Mayor to court on Friday to have his removal reviewed.
On Tuesday, Eighth Judicial Judge Daniel Wilson ordered the Stay that will keep Keltner on the Water Board until the court decides if Krutzfeldt’s decision to remove him was legal by Iowa Code.
Krutzfeldt terminated Keltner as a Trustee by Order on March 5, 2014, and Keltner has brought this certiorari proceeding to test the legality of that order.
This case will be one of “first flush” and will set precedent in the State of Iowa of whether or not a mayor can remove an appointee to a utility board, like a water board, after being appointed by a mayor and council.
“Generally speaking, the purpose of a stay is to ‘maintain the status quo until a determination can be made on the merits’.”
According to court documents, “During oral argument on the pending motion, counsel suggested that the matter before the court ‘is an issue of first impression in Iowa.'”
“At this stage, and with the noted uncertainty as to the status of the law in this area, it is difficult to know whether plaintiff Keltner ‘is likely to prevail’ in these proceedings. It is likewise just as difficult to know that he is not likely to prevail.”
“The prudent course for the court at this juncture is to order a stay of the removal of plaintiff Keltner during the pendency of these proceedings: to order the posting of a bond in support of the stay: and to direct counsel to contact court administration to obtain an expedited date for trial on the merits of this case.”
“The Motion For Stay filed May 2, 2014 is granted. The purported removal of plaintiff Errin Keltner as Trustee of the Oskaloosa Municipal Water Department is hereby stayed. To the extent necessary, Keltner is reinstated as an active Trustee, pending final determination of this case.”
