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Local Attorney says city isn't liable for leaked email

Local Attorney says city isn't liable for leaked email

Posted: Nov. 15, 2017 8:50 PM
Updated: Nov. 15, 2017 11:00 PM

MASON CITY, Iowa- Last Friday a source who wishes to remain anonymous leaked a confidential city memo to KIMT News 3’s Brian Tabick. The memo which was emailed from current City Manager Kevin Jacobson, stated that the Mason City Fire Chief had been escorted out of the city fire house on November 2nd and has been placed on administrative leave pending an investigation. The memo also stated not to discuss the matter with anyone because it is considered a “personnel issue” and the city could be held liable.

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We called the Mason City City Attorney a few times on Wednesday to discuss what could happen now that the memo had been made public. He has yet to return our calls.

We spoke to another local attorney that says a lawsuit could be brought up against the city, but says in his experience it probably would not be successful. He says no parties have been damaged by this email being show and says Iowa Code does not back up the claims in the memo.

“If there’s work place harassment you could get attorney fees or get your job back that is considered damages,” says Joel Yunek with Yunek Law Firm. “There is no enforcement mechanism for a leak or a mistaken disclosure of material they thought was confidential.”

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