During the April 9 North Branch City Council meeting, Council Member Kelly Neider attended just as any other meeting, despite council’s request for her to resign her seat after evidence allegedly proved she leaked information from a closed meeting.
Council made the motion to request for Neider to voluntarily resign from the council, effective immediately. In addition, the resolution issued the council’s third censure of Neider.
It was approved 3-1, with Council Member Peter Schaps casting the lone nay vote.
According to Mayor Kevin Schieber, the move to have Neider step down stemmed from events that occurred the day after a closed meeting on Nov. 28, 2023. At that time, an unnamed city commissioner — who was not at the closed meeting — contacted Schieber with leaked information.
“I was contacted via phone call by a city commissioner saying he got a text message from Council Member Kelly Neider with a message alluding to information about the (previous) city administrator (Renae Fry),” Schieber said.
The closed meeting was to discuss Fry’s departure from the city. A separation agreement was approved soon after.
Schieber said he was in the middle of creating the press release of Fry’s departure when this commissioner shared details of the leaked information.
And what the commissioner shared was that this person received a text message from Neider saying the city fired Fry. Sharing that information is a violation of state closed meeting and attorney-client privilege laws.
In addition to one alleged comment, Schieber said on Nov. 30 of last year an employee reached out to him also saying she received information she believed was to be private and should not have been shared with her.
Finally, he was made aware that Fry was also informed of the leak and was threatening litigation against the city.
After multiple reports came in, Schieber said the city attorney’s office advised hiring an investigator to find the source of the leak.
Keith Hiller conducted a monthlong investigation, interviewing all council members and several other individuals.
The investigation concluded on Jan. 9 and it was confirmed, with evidence, that Neider had leaked the information.
Another closed meeting followed the news of the investigation and a public hearing was to be held as a result of the meeting. It was initially scheduled for March 19 but was rescheduled, by Neider’s request, to April 3.
However, she would not make an appearance to state her case at the public hearing.
Considering she was not at the hearing, city attorney Nicholas K.C. Lira Lisle said council should have a more in-depth conversation than they had planned to explain the “burden of proof.”
Council went through the investigation, explaining their thoughts of the events without Neider taking the chance to defend herself.
Schaps was the only member to discuss further investigation, as he felt little was held with “Commissioner A,” the first person to reach out to Schieber.
“It (the investigation) looks to be very brief, where the other ones are expanded with more questions and such,” Schaps said. “I think we need to get a little more from ‘Commissioner A’ on how that process unraveled.”
Schieber responded saying he heard more from “Commissioner A” since they reached out to him in the first place and, according the investigation, evidence showed and Neider confirmed, she sent the text message.
Council members Robert Canada and Travis Miles responded in agreement, saying they didn’t feel there is anything “Commissioner A” might say that would change their minds.
Schieber felt he needed to address this incident with a couple “hard statements.”
“This is not just a one-time thing. This is a pattern here,” he said. “I believe this shows a pattern that council member Neider had motive and intent to release this unauthorized information.
“Her actions and her words put the city at harm. I believe she has fractured some of the trust with our employees, with some of the statements she’s made towards other staff members.”
He continued, saying: “I wish people could see the full investigation report. It’s very damming.”
Schieber explained that if council just brushes this incident off or calls it “hearsay,” then they are not honoring the city’s code of conduct.
Canada agreed, feeling the proof shows clear violation of the code.
“Based on the knowledge we have in front of us, ... I think it holds merit,” he said.
Despite the council’s request, Neider appeared at the April 9 council meeting with no discussion of the recent investigation findings or comments regarding stepping down.
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