The Audubon City Council Monday voted to make null and void action reached during its Jan. 13th meeting with regard to the appointment of a new City Clerk, and opted to have current Clerk Lora Hansen as the “Hold over” clerk, while at the same time seeking applications for her possible successor or an interim clerk. Action on the appointment of a City Clerk or Interim City Clerk was tabled, because as with the January 13th meeting, there was not a sufficient notice of publication of the Council’s intent.

Audubon Co. Atty. Francine Andersen (Ric Hanson/photo)

Prior to their vote to keep Hansen on, the Council heard from Audubon County Attorney Francine Andersen. Andersen said she had not filed a claim in District Court or a complaint with the Iowa Public Information Board (IPIB), with regard to the Iowa Open Meetings and Public Records laws some on the Council may have allegedly violated in making its initial decision on Jan. 13th not to reappoint Hansen, because she said she hopes to have the problem resolved “informally.” She acknowledged, however, there was “Probable Cause” to file a complaint.

Andersen said the Council could avoid legal action by being accountable for its actions, including submitting voluntarily to her all electronic communications, such as e-mails, faxes, text messages, etc. that pertain to the City Clerk’s position, whether they were deleted or not, from Nov. 2nd, 2013 through Feb. 2nd, 2014. She also suggested the City might avoid a future such fiasco by knowing the law better. That includes educating the Mayor, Council and City Clerk’s Office on the Open Meetings/Records Laws, with specific focus on agendas and electronic communications, as well as timely compliance to public records requests.

She also requested specific information with regard to meetings not held in front of the public. Failure to do so within 60-days she said, would result in a complaint being filed and the subsequent forensic examination of all public computers and file servers under the control of the City. During the Council’s meeting on Jan. 27th, Dawn Rohe (Roy), City Administrator in Manning, also made a request under the Iowa Open Records law, for documents pertaining to actions leading up to the Jan. 13th meeting, and any other pertinent information. She said to date, she had not heard from some of the City Officials with regard to her request. The Iowa Attorney General says within 20-days is the “appropriate time” to respond to such requests.

Councilperson Teresa Murray offered to give Rohe her City owned laptop for examination of any e-mails. John Whetzal said he had turned his e-mails in to City Attorney Dave Wiederstein. Mayor Sam Kauffman said he was “Not a techie,” and would have his wife Lois forward those e-mails to Rohe. Wiederstein said with the exception of one e-mail on Nov. 25th which may be considered private and not part of the public record, he has, and would continue to comply with, the request.

The Atlantic Police Dept. reports the arrest on Saturday of 52-year old Robert Atkinson, of Atlantic. Atkinson was taken into custody on charges of Public Intoxication and Criminal Trespassing. He was booked into the Cass County Jail and held pending an appearance in front of the magistrate.

And, an Atlantic man was cited Saturday following a collision at 8th and Plum Streets. Officials say a vehicle driven by Joshua Waggoner, of Atlantic, was traveling west on 8th Street at around 12:45-p.m., when he attempted to stop and at the stop sign and began sliding into the intersection, hitting a vehicle owned by Sharon Tanner, of Omaha. No injuries were reported. Waggoner was cited for Operating without a valid registration, Failure to Maintain Control or reduce speed, and no proof of financial liability. Damage from the accident amounted to $1,900.

And an accident Friday evening in the 900 block of 7th Street here in Atlantic caused $13,000 damage. Officials says vehicles driven by D’Lisa Ware, of Sioux City, and Jody Rossell, of Griswold, were traveling south on 7th Street at around 5:30-p.m., when Ware slowed for a non-contact vehicle on front of her. When Rossell failed to slow in-time, her vehicle hit the rear of Ware’s vehicle. A passenger in Rossell’s vehicle was checked for injuries by a Medivac ambulance crew, but was found to be uninjured. Rossell was cited for Failure to Reduce Speed.

The Shelby County Sheriff’s Office reports a Harlan man was arrested following an undercover drug buy. 20-year old Dylan Hansen was arrested Sunday on a warrant issued on Feb. 7th, for Delivery of Methamphetamine. Authorities say Hansen allegedly delivered a quantity of methamphetamine to an undercover agent of the Shelby County Sheriff’s Office. He was being held in the Shelby County Jail on $50,000 bond.

(12-p.m News)

DES MOINES, Iowa (AP) – State Auditor Mary Mosiman says the governor’s budget proposal uses surplus fund dollars to cover some expenses, a practice she says taxpayers should be aware of.   Mosiman on Monday provided a review of Gov. Terry Branstad’s budget plan for the fiscal year that begins July 1st. She says that a complete analysis of state spending and revenue projections shows that the state will spend $144 million more than it takes in. Mosiman says that means the state needs to tap the nearly $900 million surplus to balance the books.

Mosiman says spending less than you take in is a sound practice. But she also said the state must decide how to use a sizable surplus. Lawmakers and Branstad last year approved a property tax cut and new education spending.

A local agency is looking to share some love with community senior citizens. The Connections Area Agency on Aging will be passing out Valentines to some older Iowans in the area, primarily those homebound. The valentines were made by local area children. The agency says they have received over 2,000 valentines from elementary schools in their 20 county service area along with boys and girls clubs and the American Red Cross chapter.

Connections Area Agency, once known as Southwest 8 Senior Services, is expected to hand out Valentines all over their region including Harrison, Monona, Montgomery, Shelby and Pottawattamie Counties. The Foster Grandparent Program is one of the agency’s Senior Corps Programs in which connections volunteers work with students and children to help the children with reading, math and social skills.

Through the program, kids from area schools, preschools and day care facilities were recruited to have students make Valentines to cheer an elderly adult, who might live alone and not otherwise receive one. The valentines will be distributed throughout the month.

Deputies with the Cass County Sheriff’s Office investigated three separate accidents over the past week. Two accidents took place Saturday. Officials say at 10:52 p.m., a single-vehicle, weather-related accident took place on Tucson Road, about one-quarter of a mile east of 620th Street, when a 2002 Mercury Mountaineer driven by 46-year old Sharon Renee Allison, of Red Oak,  spun out on the snowy roadway and entered the south ditch. No injuries were reported. Damage to the vehicle is estimated at $1500.

Nearly two-hours earlier, a single-vehicle weather-related accident happened near Olive Street and Echo Road in Cass County. Officials say a 2009 Nissan Altima owned and driven by 55-year old Diane Marie Nosbisch, of Menlo, was traveling north on Olive Street when Nosbisch lost control of her car on the snow-covered roadway and the vehicle entered the west ditch. Nosbisch reportedly suffered from minor injuries. Damage to the vehicle is estimated at $4500.

And at around 4-a.m. February 2nd, a single-vehicle accident happened on 4th Street in Marne. The Sheriff’s Office says a 2006 Cadillac driven by Zachary Taylor Hemmingsen was southbound on 4th Street when the vehicle struck a guardrail, causing the guardrail to move into the roadway. No injuries were reported. Damage to Hemmingsen’s vehicle is estimated at $3500; damage to the guardrail is estimated at $2000. Hemmingsen was cited for Failure to Maintain Control.

The Cass County Sheriff’s Office is investigating an attempted burglary which occurred sometime Friday or Saturday at the Anita Laundromat and Car wash. Officials say a person or persons unknown entered the outer door of the business and attempted to pry the interior door open as well as the dollar bill change machine, causing about $1300 in damages. A similar attempt at the same business on January 22nd or 23rd caused  about $300 damage.

The Cass County Sheriffs’ Office is asking the public to report any information they may have in this matter to the Crimestoppers Hotline at 800-233-3336. This is a toll-free call, and subjects can remain anonymous. The Sheriff’s Office can also be reached at 712-243-2206.

The Cass County Sheriff’s Office reports an Anita woman was arrested last Wednesday on a warrant for leaving the scene of a motor vehicle accident.  24-year old Sydney Kay Darling was taken to the Cass County Jail where she was released the following day on $300 cash bond. The following day, 36-year old Eric Jason Ostrander, of Atlantic, was arrested on a Cass County warrant for Possession with Intent to Deliver Methamphetamine. Ostrander was taken to the Cass County Jail where he was released later that day on his own recognizance.

On Saturday, 27-year old Tanner Paul Preston, of Atlantic, was arrested by Cass County deputies on a charge of OWI 1st Offense. Preston was taken to the Cass County Jail where he was released later that day on his own recognizance. And, 31-year old  Zachary Alan Frank, of Atlantic, was arrested Saturday on a charge of Driving While Barred. Frank was taken to the Cass County Jail where he was released later that day on his own recognizance.

The Audubon County Sheriff’s Dept. reports the arrest early Sunday morning of a Shelby County man. Officials say 38-year old Kyle Christopher Archibald, of Earling, was arrested at around 1:30-a.m. Sunday, on charges of OWI/2nd offense, and Failure to hold a driver’s license.

The charges stem from a traffic stop on Highway 71 near the intersection with Highway 44. Archibald was brought to the Audubon County Jail and later released after appearing before a magistrate. His preliminary hearing was set for Feb. 27th.

The Fremont County Sheriff’s Office has released a report on their most recent arrests. Authorities say last Friday, 38-year old William Paul Fuller, of Shenandoah, was arrested for a probation violation. On Thursday, 23-year old Nicholas Allen Gould, of Riverton, was arrested for Contempt of Court. That same day, 32-year old Lacey Nichole Remmen, of Hamburg, was arrested for 1st offense OWI.

On Tuesday, deputies with the Fremont County Sheriff’s Office arrested 27-year old Isaac Calvin Hayes, of Hamburg, for a probation violation, and on Monday (Feb. 3rd), 58-year old Allen Kent Iverson, of Tabor, was arrested for 5th Degree Theft.