City of Des Moines v. Public Employment Relations Board

I respectfully dissent.

Because I agree with majority the factual differences between this case and the City of Davenport case, filed today, are insignificant, this dissent shall be confined to the City of Des Moines record but include an examination of the law discussed in City of Davenport.

I. Scope of review.

I agree with majority’s scope-of-review analysis laid out in division I, City of Davenport. A party is entitled to a remedy when substantial rights have been prejudiced in a contested case by agency action which is “unsupported by substantial evidence in the record made before the agency…