DMPS Stadium Lawsuit

IN THE IOWA DISTRICT COURT FOR POLK COUNTY
SAVE OUR STADIUMS, DANIEL )

PARDOCK, TAMARA ROOD, ) No. _________________
DANIEL TWELMEYER, and
KATIE PILCHER, )
Plaintiffs, )
)
vs. ) PETITION FOR DECLARATORY
) JUDGMENT, WRIT OF
DES MOINES INDEPENDENT ) MANDAMUS & INJUNCTIVE
COMMUNITY SCHOOL DISTRICT, ) RELIEF
KYRSTIN DELAGARDELLE, )
HEATHER ANDERSON, ROB )
BARRON, DWANA BRADLEY, )
TEREE CALDWELL-JOHNSON )
KALYN CODY, and KELLI SOYER, )
Defendants. )
COME NOW Plaintiffs Save Our Stadiums, Daniel Pardock, Tamara Rood, Daniel
Twelmeyer, and Katie Pilcher by and through counsel on information and belief based upon
reasonable investigation, and state the following in support of their Petition:
INTRODUCTION
1. This civil rights action seeks relief from Defendants’ unlawful refusal to call a
special election on the question of the use of school district revenue from the “secure an
advanced vision for education” (“SAVE”) fund to construct an outdoor athletic facility in
cooperation with Drake University.
2. On Tuesday, June 2, 2020, Plaintiffs Save Our Stadiums and Daniel Pardock
submitted a petition containing 7,120 signatures from eligible electors of the Des Moines
Independent Community School District requesting a special election on the question of a
proposal to use SAVE revenue for an outdoor athletic facility in cooperation with Drake
University.
3. Faced with the prospect of a referendum on a bond issue for a project that is
wildly unpopular, the Defendants simply ignored the petition in direct violation of Chapter
423F of the Code of Iowa.
4. As a direct consequence of Defendants’ actions, Plaintiffs have been deprived
of one of the most sacred rights in a democracy—the right to vote.
PARTIES, STANDING, JURISDICTION, & VENUE
5. At all material times Save Our Stadiums has been an unincorporated
nonprofit association under the laws of the State of Iowa comprised of eligible electors
residing in the Des Moines Independent Community School District.
6. At all material times Plaintiff Daniel Pardock has been a citizen of Iowa and
a resident and eligible elector residing in the Des Moines Independent Community School
District.
7. At all material times Plaintiff Tamara Rood has been a citizen of Iowa and a
resident and eligible elector residing in the Des Moines Independent Community School
District.
8. At all material times Plaintiff Dan Twelmeyer has been a citizen of Iowa and
a resident and eligible elector residing in the Des Moines Independent Community School
District.
9. At all material times Plaintiff Katie Pilcher has been a citizen of Iowa and a
resident and eligible elector residing in the Des Moines Independent Community School
District.
10. At all material times Defendant Des Moines Independent Community School
District has been a school district organized under the laws of the State of Iowa.
11. At all material times Defendant Kyrstin Delagardelle has been the Chair and
a member of the Board of Directors of the Des Moines Independent Community School
2
District. Plaintiffs bring this action against Chair Delagardelle in her official and
individual capacity.
12. At all material times Defendant Heather Anderson has been a member of
Board of Directors of the Des Moines Independent Community School District. Plaintiffs
bring this action against Anderson in her official and individual capacity.
13. At all material times Defendant Rob Barron has been a member of Board of
Directors of the Des Moines Independent Community School District. Plaintiffs bring this
action against Barron in his official and individual capacity.
14. At all material times Defendant Dwana Bradley has been a member of Board
of Directors of the Des Moines Independent Community School District. Plaintiffs bring
this action against Bradley in her official and individual capacity.
15. At all material times Defendant Teree Caldwell-Johnson has been a member
of Board of Directors of the Des Moines Independent Community School District. Plaintiffs
bring this action against Caldwell-Johnson in her official and individual capacity.
16. At all material times Defendant Kalyn Cody has been a member of Board of
action against Cody in his official and individual capacity.
17. At all material times Defendant Kelli Soyer has been a member of Board of
action against Soyer in her official and individual capacity.
18. By virtue of their residence and status as taxpayers, Plaintiffs have a
substantial personal and legal interest in the Defendants’ authorization to use SAVE
revenue.
3
19. As signatories to a Petition for a special election on the use of SAVE revenue
for an outdoor athletic facility in cooperation with Drake, Plaintiffs have a substantial
personal and legal interest in the right to vote on the matter.
20. Venue is proper pursuant to Iowa Code section 616.3(2).
BACKGROUND
21. This action concerns the plans of the Des Moines Independent Community
School District to use $15 million from the SAVE fund to pay for the construction of an
outdoor athletic facility in cooperation with Drake University.
22. The Des Moines Independent Community School District has established a
“Superintendent’s Facility Advisory Committee” tasked with providing recommendations
“on efficient use of the statewide sales tax for school infrastructure, along with other
facility-related issues.”
23. The Facility Advisory Committee presented a five-year infrastructure plan to
Defendants for approval at their July 9, 2019, meeting.
24. The Facility Advisory Committee’s plan did not include any proposal for a
combined outdoor athletic facility for high schools—let alone one to be done in cooperation
with Drake University.
25. A mere four months later, on November 13, 2019, the Des Moines
Independent Community School District announced a plan to construct a nearly $20 million
outdoor athletic sports facility to be located on the Drake University campus.
26. Plaintiffs oppose the stadium proposal on several grounds.
27. First, Plaintiffs do not believe a consolidated, faraway stadium is in the best
interests of high school student-athletes, their families, and their fans.
28. Second, Plaintiffs do not believe the project is the product of a transparent,
coordinated process.
4
29. Nonetheless, on May 19, 2020, Defendants passed a resolution proposing to
use SAVE revenue for the construction of the proposed stadium on Drake University’s
campus.
30. All seven individual Defendants voted in favor of the resolution.
31. The resolution, by its own terms, provides the right of eligible electors in the
school district to petition for a referendum on the proposed use of the SAVE revenue:
Eligible electors of the school district have the right to file with the Board
Secretary a petition pursuant to Iowa Code § 423F.4(2)(b), on or before close
of business on June 2, 2020, for an election on the proposed use of SAVE
Revenue. The petition must be signed by eligible electors equal in number to
not less than one hundred or thirty percent of those voting at the last
preceding election of school officials under Iowa Code § 277.1, whichever is
greater.
32. On Tuesday, June 2, 2020, Plaintiffs Save Our Stadiums and Daniel Pardock
submitted a petition containing 7,120 signatures from eligible electors of the Des Moines
Independent Community School District requesting a special election on the question of a
proposal to use SAVE revenues for an outdoor athletic facility in cooperation with Drake
University.
33. The Des Moines Independent Community School District accepted the
petition for filing. See Iowa Code § 277.7 (setting forth the filing procedures for filing a
petition for a public measure).
34. The petition was not returned to Plaintiffs Save Our Stadiums and Pardock
on the basis that it lacked “the required number of signatures.” Id. § 277.7(1).
35. No written objections to the petition were filed with the secretary of the
school board within five working days after the petition was filed. Id. § 277.7(2).
36. The “last preceding election of school officials under Iowa Code § 277.1”
occurred on November 5, 2019.
5
37. On November 19, 2019, the Polk County Board of Supervisors met and
certified the “abstract of votes cast” in the school election held on November 5, 2019. See id.
§ 277.20 (“The appropriate board of supervisors shall declare the results of the voting for
members of boards of directors of school corporations”).
38. A copy of the abstract of votes cast is attached hereto.
39. According to Polk County Board of Supervisors’ certified abstract, “17,843
Votes” were cast for the “Des Moines Independent Community School District Direct at
Large” vacancy in November 15, 2019.
40. Thirty percent of the 17,843 Votes equals 5,353 votes.
41. Accordingly, Plaintiffs Save Our Stadiums and Daniel Pardock submitted a
petition “signed by eligible electors equal in number to not less than . . . thirty percent of
those voting at the last election of school officials under Iowa Code § 277.1.”
42. The Des Moines Independent Community School District has not rescinded
the resolution proposing to use SAVE revenues for the outdoor athletic facility in
cooperation with Drake University.
43. Nor has Des Moines Independent Community School District, or any of its
board members, directed the county commissioner of elections to call a special election upon
the question of using SAVE revenues for the outdoor athletic facility in cooperation with
Drake University.
STATEMENT OF APPLICABLE LAW
44. The preceding paragraphs are incorporated herein by reference.
45. In 2008, the Iowa General Assembly created a SAVE fund in the state
treasury under the control of the department of revenue. Iowa Code § 423F.2(2).
46. The moneys available in a fiscal year in the SAVE fund are distributed by the
department of revenue to each school district on a per pupil basis calculated using each
6
school district’s budget enrollment. Id. § 423F.3(a).
47. As relevant to this litigation, a school district may use allocated SAVE
revenue for any authorized infrastructure purpose as well as the payment of principal and
interest on bonds issued for such infrastructure purposes. Id. § 423F.3(1).
48. Iowa law authorizes a school district to anticipate its share of revenue from
the SAVE fund, and issue bonds to pay for infrastructure purposes. Id. § 423F.4(1).
49. Prior to the sale of bonds, the district must publish notice and hold a hearing.
Id. § 423F.4(2)(a).
50. Section 423F.4(2)(b) of the Iowa Code, however, sets forth a procedure by
which the public may petition for a referendum on the use of SAVE revenue bonds:
if at any time prior to the fifteenth day following the hearing, the secretary of
the board of directors receives a petition containing the required number of
signatures and asking that the question of the issuance of such bonds be
submitted to the voters of the school district, the board shall either rescind its
adoption of the resolution or direct the county commissioner of elections to
submit the question to the registered voters of the school district at an
election held on a date specified in section 39.2, subsection 4, paragraph “c”.
The petition must be signed by eligible electors equal in number to not less
than one hundred or thirty percent of the number of voters at the last
preceding election of school officials under [Iowa Code] section 277.1,
whichever is greater. If the board submits the question at an election and a
majority of those voting on the question favors issuance of the bonds, the
board shall be authorized to issue the bonds.
Id. § 423F.4(2)(b).
51. A petition filed with the school board to request an election on a public
measure shall be examined before it is accepted for filing. Id. § 277.7.
52. A public measure includes bond issues. Id. § 52.25(1).
53. If a petition requesting an election on a public measure lacks the required
number of signatures, the school board must return it to the petitioners. Id. § 277.7(1).
54. Petitions which have been accepted for filing are valid unless written
objections are filed. Id. § 277.7(2).
7
55. The next available date for a special election on bond referendum is the
second Tuesday in September—or September 8, 2020. Id. § 39.2(4)(c).
56. To request a special election, the Des Moines Independent Community School
District must file the full text of the public measure no later than the forty-sixth day before
the election, which in this case is July 25, 2020. Id. § 47.6(3)(a).
57. “Undeniably, the Constitution of the United States protects the right of all
qualified citizens to vote, in state as well as in federal elections.” Reynolds v. Sims, 377
U.S. 533, 554 (1964).
58. Failure to hold a referendum required by law effects a total and complete
disenfranchisement of the electorate as a whole, which is a substantive violation of the Due
Process Clause of the Fourteenth Amendment of the United States Constitution. Bonas v.
Town of N. Smithfield, 265 F.3d 69, 75 (1st Cir. 2001).
VIOLATIONS OF THE LAW
59. The preceding paragraphs are incorporated herein by reference.
60. The 7,120 signatures of eligible electors of the Des Moines Independent
Community School District represent more than thirty percent of the votes at the last
preceding election of school officials.
61. Defendants, therefore, were required under section 423F.4(2)(b) to “either
rescind its adoption of the resolution or direct the county commissioner of elections to
submit the question to the registered voters of the school district” at a special election.
Iowa Code 423F.4(2)(b).
62. Despite Plaintiffs’ demand, Defendants did not submit a public measure to
the Polk County Auditor on or before July 25, 2020.
63. Defendants’ failure to rescind the resolution or hold a special election is
directly contrary to the requirements of section 423F.2(b).
8
64. Defendants knew they had a legal obligation under section 423F.2(b) to
rescind the resolution or hold a special election on the issue.
65. By ignoring the mandatory referendum provisions in section 423F.2(b) of the
Code of Iowa, Defendants unlawfully deprived Plaintiffs of the fundamental right to vote in
violation of the Due Process Clause of the Fourteenth Amendment of the United States
Constitution.
66. The practical and legal effect of the Defendants’ conduct is to disenfranchise
the voters of the Des Moines Independent Community School District by ignoring the
statutory requirement that they present the issue to the voters.
67. Defendants engaged in their conduct with malice and reckless or callous
indifference to Plaintiffs’ constitutional rights.
68. Members of Save Our Stadiums residing in the Des Moines Independent
Community School District have sustained damages by Defendants’ violations of the law by
virtue of being denied the right to vote in a special election upon the question of the use of
SAVE revenue.
69. Plaintiffs Save Our Stadiums and Pardock relied to their detriment on the
Defendants’ May 19th Resolution promising that they had “the right to file with the Board
Secretary a petition pursuant to Iowa Code § 423F.4(2)(b), on or before close of business on
June 2, 2020, for an election on the proposed use of SAVE Revenue . . . signed by eligible
electors equal in number to . . . thirty percent of those voting at the last preceding election
of school officials under Iowa Code § 277.1” by collecting signatures for a referendum
petition.
70. Defendants knew Plaintiffs Save Our Stadiums and Pardock relied upon
their May 19th Resolution by collecting signatures for a referendum.
9
71. Pardock has sustained damages by Defendants’ violation of the law by virtue
of being denied the right to vote in a special election upon the question of the use of SAVE
revenue.
72. Rood has sustained damages by Defendants’ violation of the law by virtue of
being denied the right to vote in a special election upon the question of the use of SAVE
revenue.
73. Twelmeyer has sustained damages by Defendants’ violation of the law by
virtue of being denied the right to vote in a special election upon the question of the use of
SAVE revenue.
74. Pilcher has sustained damages by Defendants’ violation of the law by virtue
of being denied the right to vote in a special election upon the question of the use of SAVE
revenue.
REQUESTED RELIEF:
DECLARATORY JUDGMENT, ESTOPPEL, WRIT OF
MANDAMUS, INJUNCTION & ATTORNEY FEES AND COSTS
WHEREFORE, Plaintiffs request the following relief from this Court:
A. A declaratory judgment be issued finding:
i. Plaintiffs Save Our Stadiums and Pardock filed a valid petition

under section 277.7 because it was not retuned for lack of
signatures, and no written objections have been filed with the
secretary of the school board;
ii. Defendants’ failure to rescind the resolution proposing to use

SAVE revenue for an outdoor athletic facility in cooperation
with Drake University or directing the county commissioner of
elections to call a special election on the issue violated Iowa
Code section 423F.4(2)(b);
iii. Defendants’ failure to rescind the resolution proposing to use

SAVE revenue for an outdoor athletic facility in cooperation
with Drake University or directing the county commissioner of
elections to call a special election on the issue violated the Due
Process Clause of the Fourteenth Amendment of the United
States Constitution; and
10
iv. Defendants are estopped from breaching the promises
contained in their May 19th Resolution upon which they knew
Plaintiffs Save our Stadiums and Pardock reasonably relied in
collecting signatures for a referendum petition.
B. A writ of mandamus be issued to Defendants commanding them to issue a
resolution that either declares the proposal to issue the bonds to have been abandoned or
directs the county commissioner of elections to call a special election upon the question of
issuing the Urban Renewal Bonds.
C. An injunction to prohibit Defendants from issuing the bonds under Iowa Code
chapter 423F pending the results of the special election.
D. Punitive damages.
E. An award of costs, including attorney fees, pursuant to 42 U.S.C. section
1988.
F. Retention of jurisdiction over Defendants until such time as the Court is
satisfied that Defendants’ unlawful practices no longer exist and will not recur.
G. Such other and further relief as the Court deems just and proper.
DATED this 28th day of July 2020.
___________________________________
Gary Dickey, AT#0001999
Counsel of Record for Plaintiffs
DICKEY, CAMPBELL, & SAHAG LAW FIRM, PLC
301 East Walnut St., Ste. 1
Des Moines, Iowa 50309
PHONE: (515) 288-5008 FAX: (515) 288-5010
EMAIL: gary@iowajustice.com
11
PROCEEDINGS OF THE POLK COUNTY BOARD OF SUPERVISORS
The Polk County Board of Supervisors met as a Canvassing Board on November 19, 2019, at 9:45 a.m. to canvass
votes cast for the City/School Election held November 5, 2019 (Second tier).
BOARD MEMBERS PRESENT: Steve Van Oort, Robert Brownell, Angela Connolly, Matt McCoy, Tom Hockensmith.
We, the undersigned members of the Board of Supervisors and Ex-Officio County Board of
Canvassers for this county, do hereby certify the following to be a true and correct abstract of votes
cast in this county at the Regular City & School Election held on the 5th day of November, 2019,
as shown by the tally lists returned from the election precincts in the Counties of Polk and Dallas.
CITY OF CLIVE
CITY COUNCIL AT LARGE
(3 to be elected)
Candidates Polk County Dallas County Total

Susan Judkins 520 Votes 414 Votes 934 Votes
Ted Weaver 493 Votes 421 Votes 914 Votes
John D. Edwards 481 Votes 392 Votes 873 Votes
Scattering 24 Votes 17 Votes 41 Votes
TOTAL 1,518 Votes 1,244 Votes 2,762 Votes
We Therefore Declare: Susan Judkins, Ted Weaver, John D. Edwards Elected.
CITY OF GRIMES
(2 to be elected)

Eric Johansen 521 Votes 0 Votes 521 Votes
Andrew Borcherding 438 Votes 0 Votes 438 Votes
TOTAL 979 Votes 0 Votes 979 Votes
We Therefore Declare: Eric Johansen, Andrew Borcherding Elected.
CITY OF URBANDALE
(3 to be elected)

Matt Blake 2,348 Votes 488 Votes 2,836 Votes
Bridget Carberry Montgomery 2,070 Votes 603 Votes 2,673 Votes
Adam B. Obrecht 1,657 Votes 443 Votes 2,100 Votes
John M. Bouslog 1,672 Votes 395 Votes 2,067 Votes
Rebecca Haroldson 1,398 Votes 306 Votes 1,704 Votes
Pat Pithan 1,357 Votes 252 Votes 1,609 Votes
TOTAL 10,540 Votes 2,504 Votes 13,044 Votes
We Therefore Declare: Bridget Carberry Montgomery, Matt Blake, Adam B. Obrecht Elected.
Board of Supervisors Meeting
November 19, 2019
Page 2.
CITY OF WEST DES MOINES

CITY COUNCIL WARD 2
(1 to be elected)

Greg Hudson 373 Votes 646 Votes 1,019 Votes
Erin Cubit 312 Votes 445 Votes 757 Votes
Scattering 1Votes 4 Votes 5 Votes
TOTAL 686 Votes 1,095 Votes 1,781 Votes
We Therefore Declare: Greg Hudson Elected.
as shown by the tally lists returned from the election precincts in the Counties of Polk and Warren.
CITY OF DES MOINES

MAYOR
(1 to be elected)
Candidates Polk County Warren County Total

Frank Cownie 10,772 Votes 2 Votes 10,774 Votes
Jack Hatch 10,589 Votes 10 Votes 10,599 Votes
Chase E. Holm 2,057 Votes 8 Votes 2,065 Votes
Joe Grandanette 1,338 Votes 0 Votes 1,338 Votes
TOTAL 24,816 Votes 20 Votes 24,836 Votes
.
CITY OF DES MOINES

(1 to be elected)

Carl Voss 9,271 Votes 9 Votes 9,280 Votes
Jacquie Easley 4,730 Votes 0 Votes 4,730 Votes
Marco Battaglia 2,330 Votes 3 Votes 2,333 Votes
Marlu Abarca 2,142 Votes 0 Votes 2,142 Votes
Marlon Mormann 1,811 Votes 3 Votes 1,814 Votes
Sheila Knoploh-Odole 1,544 Votes 0 Votes 1,544 Votes
Ethan Standard 1,241 Votes 1 Votes 1,242 Votes
November 19, 2019
Page 3.
CITY OF DES MOINES

CITY COUNCIL WARD 4
(1 to be elected)

Joe Gatto 2565 Votes 6 Votes 2,571 Votes
Chelsea Chism-Vargas 1,819 Votes 3 Votes 1,822 Votes
ToyA Johnson 249 Votes 0 Votes 249 Votes
We Therefore Declare: Joe Gatto Elected.
as shown by the tally lists returned from the election precincts in the Counties of Polk and Jasper.
CITY OF MITCHELLVILLE
MAYOR
(1 to be elected)
Candidates Polk County Jasper County Total

Dean Brand 204 Votes 0 Votes 204 Votes
Michael Shane Smith 141 Votes 1 Votes 142 Votes
We Therefore Declare: Dean Brand Elected.
CITY OF MITCHELLVILLE
(3 to be elected)

Nedra Hoover 178 Votes 1 Votes 179 Votes
LaBrent Lawler 160 Votes 0 Votes 160 Votes
Nicholas Murrow 153 Votes 0 Votes 153 Votes
Dean McGhee 145 Votes 0 Votes 145 Votes
Lee H. Cochran 123 Votes 0 Votes 123 Votes
Treasa Mitchell 101 Votes 1 Votes 102 Votes
Keegan McReynolds 56 Votes 1 Votes 57 Votes
We Therefore Declare: Nedra Hoover, LaBrent Lawler, Nicholas Murrow Elected.

November 19, 2019
Page 4.
as shown by the tally lists returned from the election precincts in the Counties of Polk, Boone and Story.
CITY OF SHELDAHL
(2 to be elected)
Candidates Polk County Boone County Story County Total

Kyle Greenwood 22 Votes 3 Votes 14 Votes 39 Votes
Benjamin Keith Randolph 22 Votes 3 Votes 12 Votes 37 Votes
Scattering 3 Votes 0 Votes 0 Votes 3 Votes
TOTAL 47 Votes 6 Votes 26 Votes 79 Votes
We Therefore Declare: Kyle Greenwood, Benjamin Keith Randolph Elected.
as shown by the tally lists returned from the election precincts in the Counties of Polk, Dallas and Warren.

(1 to be elected)
Candidates Polk County Dallas County Warren County Total

Matthew McKinney 2,519 Votes 1,009 Votes 11 Votes 3,539 Votes
Ryan Crane 2,394 Votes 480 Votes 6 Votes 2,880 Votes
TOTAL 4,937 Votes 1,492 Votes 17 Votes 6,446 Votes
We Therefore Declare: Matthew McKinney Elected.

PARK COMMISSIONER
(3 to be elected)
Candidates Polk County Dallas County Warren County Total

Jim Miller 2,896 Votes 832 Votes 14 Votes 3,742 Votes
Joe Hrdlicka 2,883 Votes 843 Votes 15 Votes 3,741 Votes
Aaron Sewell 2,832 Votes 868 Votes 15 Votes 3,715 Votes
TOTAL 8,725 Votes 2,574 Votes 45 Votes 11,344 Votes
We Therefore Declare: Jim Miller, Joe Hrdlicka, Aaron Sewell Elected.

November 19, 2019
Page 5.
as shown by the tally lists returned from the election precincts in the Counties of Polk, Boone, Hamilton,
Hardin, Jasper, Marshall and Story.
DES MOINES AREA COMMUNITY COLLEGE

DIRECTOR DISTRICT #1
(1 to be elected)
Polk Boone Hamilton Hardin Jasper Marshall Story

Candidates County County County County County County County Total
Cheryl Langston 3 Votes 22 Votes 6 Votes 1 Votes 194 Votes 1 Votes 5,608 Votes 5,835 Votes
Scattering 0 Votes 0 Votes 0 Votes 0 Votes 0 Votes 0 Votes 48 Votes 48 Votes
TOTAL 3 Votes 22 Votes 6 Votes 1 Votes 194 Votes 1 Votes 5,656 Votes 5,883 Votes
We Therefore Declare: Cheryl Langston Elected.
as shown by the tally lists returned from the election precincts in the Counties of Polk, Boone, Dallas,
Greene and Story.

(1 to be elected)
Polk Boone Dallas Greene Story

Candidates County County County County County Total
Fred Greiner 3,175 Votes 2,680 Votes 1,104 Votes 1 Votes 783 Votes 7,743 Votes
Scattering 51 Votes 34 Votes 10 Votes 0 Votes 7 Votes 102 Votes
TOTAL 3,226 Votes 2,714 Votes 1,114 Votes 1 Votes 790 Votes 7,845 Votes
We Therefore Declare: Fred Greiner Elected.
as shown by the tally lists returned from the election precincts in the Counties of Polk, Boone and Story.

(1 to be elected)

Denny Presnall 5,918 Votes 1 Votes 14 Votes 5,933 Votes
TOTAL 6,052 Votes 1 Votes 14 Votes 6,067 Votes
We Therefore Declare: Denny Presnall Elected.

November 19, 2019
Page 6.
NORTH POLK COMMUNITY SCHOOL DISTRICT

DIRECTOR AT LARGE
(2 to be elected)

Joe Heintz 657 Votes 0 Votes 9 Votes 666 Votes
Travis J. Davis 616 Votes 3 Votes 9 Votes 628 Votes
Christopher Stotz 315 Votes 3 Votes 10 Votes 328 Votes
We Therefore Declare: Joe Heintz, Travis J. Davis Elected.

DIRECTOR AT LARGE – TO FILL A VACANCY
(1 to be elected)

David C. Potter 422 Votes 2 Votes 6 Votes 430 Votes
Melissa Sue Bauer 325 Votes 1 Votes 5 Votes 331 Votes
Maria Mattiace 244 Votes 0 Votes 4 Votes 248 Votes
TOTAL 994 Votes 3 Votes 15 Votes 1,012 Votes
We Therefore Declare: David C. Potter Elected.

PUBLIC MEASURE LETTER N
SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED?
Summary: To adopt a Revenue Purpose Statement specifying the use of revenues the North Polk Community School
District will receive from the State of Iowa Secure an Advanced Vision for Education Fund.
Polk County Boone County Story County Total

For the Measure, There Were 922 Votes 3 Votes 6 Votes 931 Votes
Against the Measure, There Were 109 Votes 0 Votes 2 Votes 111 Votes
We Therefore Declare, the Measure was Approved.
as shown by the tally lists returned from the election precincts in the County of Polk.
November 19, 2019
Page 7.

(1 to be elected)
Candidates Polk County Total

Madelyn Tursi 10,269 Votes 10,269 Votes
Scattering 181 Votes 181 Votes
TOTAL 10,450 Votes 10,450 Votes
We Therefore Declare: Madelyn Tursi Elected.
as shown by the tally lists returned from the election precincts in the Counties of Polk and Warren.

(1 to be elected)

Felix Gallagher 5,309 Votes 58 Votes 5,367 Votes
We Therefore Declare: Felix Gallagher Elected.
DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT

DIRECTOR AT LARGE
(1 to be elected)

Kelli Soyer 17,288 Votes 116 Votes 17,404 Votes
We Therefore Declare: Kelli Soyer Elected.
DES MOINES INDEPENDENT COMMUNITY SCHOOL DISTRICT

PUBLIC MEASURE LETTER D
Summary: To adopt a Revenue Purpose Statement specifying the use of revenues the Des Moines Independent
Community School District will receive from the State of Iowa Secure an Advanced Vision for Education Fund.
Polk County Warren County Total

For the measure, there were 14,885 Votes 81 Votes 14,966 Votes
Against the measure, there were 8,269 Votes 73 Votes 8,342 Votes
We Therefore Declare: The Measure was Approved.

November 19, 2019
Page 8.
as shown by the tally lists returned from the election precincts in the Counties of Polk and Jasper.
BONDURANT-FARRAR COMMUNITY SCHOOL DISTRICT

DIRECTOR AT LARGE
(3 to be elected)
Stacia M. Sanny 466 Votes 2 Votes 468 Votes
Susan J. Ugulini 373 Votes 1 Votes 374 Votes
Chris Freese 366 Votes 1 Votes 367 Votes
Joe Miller 194 Votes 1 Votes 195 Votes
Nick Rempe 160 Votes 1 Votes 161 Votes
We Therefore Declare: Stacia M. Sanny, Susan J. Ugulini, Chris Freese Elected.
as shown by the tally lists returned from the election precincts in the Counties of Polk and Dallas.
DALLAS CENTER-GRIMES COMMUNITY SCHOOL DISTRICT

DIRECTOR AT LARGE
(2 to be elected)

Marc Bejarno 335 Votes 325 Votes 660 Votes
Ryan Carpenter 368 Votes 210 Votes 578 Votes
Tyler Eason 279 Votes 120 Votes 399 Votes
Total 989 Votes 656 Votes 1,645 Votes
We Therefore Declare: Marc Bejarno, Ryan Carpenter Elected.
WEST DES MOINES COMMUNITY SCHOOL DISTRICT

DIRECTOR AT LARGE
(4 to be elected)

Jill Johnson 4,036 Votes 23 Votes 4,059 Votes
Liz Cox 3,932 Votes 25 Votes 3,957 Votes
Lonnette Dafney 3,031 Votes 6 Votes 3,037 Votes
Jeff Hicks 2,523 Votes 11 Votes 2,534 Votes
Jessica Worley 2,384 Votes 2 Votes 2,386 Votes
Jonas Cutler 1,997 Votes 24 Votes 2,021 Votes
We Therefore Declare: Jill Johnson, Liz Cox, Lonnette Dafney, Jeff Hicks Elected.
November 19, 2019
Page 9.
WEST DES MOINES COMMUNITY SCHOOL DISTRICT

PUBLIC MEASURE LETTER W
Summary: To adopt a Revenue Purpose Statement specifying the use of revenues the West Des Moines Community
School District will receive from the State of Iowa Secure an Advanced Vision for Education Fund.
Polk County Dallas County Total

For the Measure, There Were 5,226 Votes 20 Votes 5,246 Votes
Against the Measure, There Were 808 Votes 11 Votes 819 Votes
We Therefore Declare: The Measure was approved.
as shown by the tally lists returned from the election precincts in the County of Polk.

(1 to be elected)
Candidates Polk County Total

Ronnie Wiedman 119 Votes 119 Votes
TOTAL 120 Votes 120 Votes
We Therefore Declare: Ronnie Wiedman Elected.
as shown by the tally lists returned from the election precincts in the County of Dallas.

(1 to be elected)
Candidates Dallas County Total

Kathie L. Hicok 368 Votes 368 Votes
TOTAL 371 Votes 371 Votes
We Therefore Declare: Kathie L. Hicok Elected.

November 19, 2019
Page 10.
cast in this county at the Regular City & School Election held on the 5th day of November, 2019, as
shown by the tally lists returned from the election precincts in the Counties of Polk, Jasper and Marion.
SOUTHEAST POLK COMMUNITY SCHOOL DISTRICT

DIRECTOR AT LARGE
(4 to be elected)
Candidates Polk County Jasper County Marion County Total

Brett Handy 2,018 Votes 0 Votes 0 Votes 2,018 Votes
Lori Slings 1,803 Votes 0 Votes 0 Votes 1,803 Votes
Chad Crabb 1,515 Votes 0 Votes 0 Votes 1,515 Votes
Tom Naeve 1,448 Votes 0 Votes 0 Votes 1,448 Votes
Whitney Smith McIntosh 1,150 Votes 0 Votes 0 Votes 1,150 Votes
Eric Leanos 936 Votes 0 Votes 0 Votes 936 Votes
Kenneth Cameron 890 Votes 0 Votes 0 Votes 890 Votes
We Therefore Declare: Brett Handy, Lori Slings, Chad Crabb, Tom Naeve Elected.
SOUTHEAST POLK COMMUNITY SCHOOL DISTRICT

PUBLIC MEASURE LETTER S
Summary: To adopt a Revenue Purpose Statement specifying the use of revenues the Southeast Polk Community School
District will receive from the State of Iowa Secure an Advanced Vision for Education Fund.
Polk County Jasper County Marion County Total

For the Measure, there were 2,614 Votes 0 Votes 0 Votes 2,614 Votes
Against the Measure, there were 437 Votes 0 Votes 0 Votes 437 Votes
We Therefore Declare: The Measure was Approved.
IN TESTIMONY WHEREOF, we have hereunto set our hands and caused this to be
Affixed the seal of this county by the Clerk of the Board of Supervisors. Done at
Des Moines the County Seat of Polk County, this 19th day of November 2019.
Matt McCoy
Robert Brownell
Angela Connolly
Steve Van Oort
Tom Hockensmith, Chairperson
Members of the Board of Supervisors and Ex-Officio County Board of Canvassers
ATTEST: Jamie Fitzgerald

Polk County Auditor and Clerk to the Board of Supervisors

DMPS Stadium Lawsuit

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

DMPS Stadium Lawsuit

Uploaded by

Copyright:

Available Formats

IN THE IOWA DISTRICT COURT FOR POLK COUNTY

SAVE OUR STADIUMS, DANIEL )

reasonable investigation, and state the following in support of their Petition:

cooperation with Drake University.

Independent Community School District requesting a special election on the question of a

423F of the Code of Iowa.

4. As a direct consequence of Defendants’ actions, Plaintiffs have been deprived

of one of the most sacred rights in a democracy—the right to vote.

PARTIES, STANDING, JURISDICTION, & VENUE

5. At all material times Save Our Stadiums has been an unincorporated

residing in the Des Moines Independent Community School District.

action against Barron in his official and individual capacity.

this action against Bradley in her official and individual capacity.

action against Cody in his official and individual capacity.

action against Soyer in her official and individual capacity.

18. By virtue of their residence and status as taxpayers, Plaintiffs have a

personal and legal interest in the right to vote on the matter.

20. Venue is proper pursuant to Iowa Code section 616.3(2).

outdoor athletic facility in cooperation with Drake University.

“Superintendent’s Facility Advisory Committee” tasked with providing recommendations

23. The Facility Advisory Committee presented a five-year infrastructure plan to

Defendants for approval at their July 9, 2019, meeting.

with Drake University.

outdoor athletic sports facility to be located on the Drake University campus.

26. Plaintiffs oppose the stadium proposal on several grounds.

interests of high school student-athletes, their families, and their fans.

30. All seven individual Defendants voted in favor of the resolution.

Independent Community School District requesting a special election on the question of a

petition for a public measure).

occurred on November 5, 2019.

members of boards of directors of school corporations”).

38. A copy of the abstract of votes cast is attached hereto.

39. According to Polk County Board of Supervisors’ certified abstract, “17,843

Large” vacancy in November 15, 2019.

40. Thirty percent of the 17,843 Votes equals 5,353 votes.

cooperation with Drake University.

STATEMENT OF APPLICABLE LAW

44. The preceding paragraphs are incorporated herein by reference.

interest on bonds issued for such infrastructure purposes. Id. § 423F.3(1).

measure shall be examined before it is accepted for filing. Id. § 277.7.

52. A public measure includes bond issues. Id. § 52.25(1).

53. If a petition requesting an election on a public measure lacks the required

objections are filed. Id. § 277.7(2).

second Tuesday in September—or September 8, 2020. Id. § 39.2(4)(c).

U.S. 533, 554 (1964).

disenfranchisement of the electorate as a whole, which is a substantive violation of the Due

Town of N. Smithfield, 265 F.3d 69, 75 (1st Cir. 2001).

VIOLATIONS OF THE LAW

59. The preceding paragraphs are incorporated herein by reference.

preceding election of school officials.

61. Defendants, therefore, were required under section 423F.4(2)(b) to “either

Iowa Code 423F.4(2)(b).

the Polk County Auditor on or before July 25, 2020.

63. Defendants’ failure to rescind the resolution or hold a special election is

directly contrary to the requirements of section 423F.2(b).

rescind the resolution or hold a special election on the issue.

65. By ignoring the mandatory referendum provisions in section 423F.2(b) of the

statutory requirement that they present the issue to the voters.

indifference to Plaintiffs’ constitutional rights.

Secretary a petition pursuant to Iowa Code § 423F.4(2)(b), on or before close of business on

their May 19th Resolution by collecting signatures for a referendum.

73. Twelmeyer has sustained damages by Defendants’ violation of the law by

WHEREFORE, Plaintiffs request the following relief from this Court: