By E-Mail: Omb Bar Do."'

City Attorney's Office
4 1 0 East Washington Street

lowa City, lowa 52240-1826
May 7,2009
(3 19) 3 5 6 - 5 0 3 0
(3 19) 3 5 6 - 5 0 0 8 FAX
BY E-MAIL www.icgov.org
Gregg Hennigan, Cedar Rapids Gazette

Chris Rhatigan, Iowa City Press Citizen
Chris Clark, Daily Iowan
Mike Wagner, KCRG-TV9 News
Re: Response to Public Records Requests re: Former City Manager Michael Lombardo
Gentlemen:
Each of you have made various open records requests to the City of Iowa City, Iowa
pursuant to Iowa Code Chapter 22. These requests range in their scope and include "all
documents, including but not limited to memorandums, e-mail messages, letters, notes
and other materials that include correspondence between Michael Lombardo and City
Council members since March 1, 2009, and all documents to and from City Council
members that mention Lombardo since March 1, 2009". Another request includes
"copies of all correspondence between former City Manager Michael Lombardo and all
Iowa City Council Members, including, but not limited to e-mails, letters and memoranda
from January 18,2009 to April 18,2009, . . along with all correspondence between Iowa
City City Council members that mention former City Manager Michael Lombardo in the
same time period." Finally, another request involves access to and copies of "any and all
correspondence and documents, written or electronic, with regards to the job performance
or dismissal of City Manager Michael omb bar do."'
' Another media outlet has requested access to and copies of "correspondence between
the members of the Iowa City City Council, Mayor Regenia Bailey, Michael Lombardo
and city staff regarding Lombardo, the Iowa City Farmer's Market, Fire Station No. 4,
the priority-setting public survey, the FY 10 budget and the public art sculpture.. .within
the past six months." The City will respond to that request separately but the material
identified through the above requests will be released to that media outlet in response.
To fulfill these open records requests, City staff contacted each City Council member and
requested that they forward all documentation and correspondence in their possession
that fits within the parameters of these requests. City staff also accessed the e-mail
account of Mr. Lombardo to identify and retrieve those e-mail documents meeting these
requests. The City Attorney's office then reviewed each of the documents submitted and
determined whether they fit within the request andlor were public records.
A significant amount of material was identified, retrieved and reviewed in response to

your requests. Certain documents are not being produced as they are confidential records
pursuant to Iowa Code §§22.7(11) and/or 22.7(18) as discussed below.
As you likely know, pursuant to Iowa Code §22.7(11), "personal information in

confidential personnel records of public bodies including but not limited to cities. . ." is a
public record that shall be kept confidential unless otherwise ordered by a court, the
custodian or another person authorized to release the records. See, Des Moines
Independent Comm. Sch. Dist. V. Des Moines Register and Tribune, 487 N.W.2d 666
(Iowa 1992) (holding that documents focusing on the job performance of employees and
collected by an investigating committee and separate school action committee were
confidential as personnel records under §22.7(11) and that the nature of the record is not
controlled by its location in a filing system). There is a substantial amount of material
that is specifically related to both earlier and more recent evaluations and the work
performance of Mr. Lombardo, that is not being produced in response to these requests as
they are confidential records under Iowa law.
Additionally, Iowa Code $22.7(18) renders confidential "communications not required by

law, rule, procedure, or contract that are made to a governmental body or to any of its
employees by identified persons outside of government, to the extent that the government
body receiving those communications from such persons outside of government could
reasonably believe that those persons would be discouraged from making them to that
government body if they were available for general public examination" unless the
person outside of government making that communication consents to its treatment as a
public record (see, §22,7(18)(a)) or, information contained in the communication can be
disclosed without directly or indirectly indicating the identity of the person outside of
government making it or enabling others to ascertain the identity of that person (see,
§22.7(18)(b)). There exists very limited material that is not being produced because the
author has not consented to its release and the communication cannot be sufficiently
redacted to render its source unknown.
Attached for each of you is a PDF file of the documents we have determined to be non-
confidential public records that are not otherwise available on the City's website such as
memoranda from the City Manager to the Council. The costs for retrieval and review
will be waived in this instance given the number of media requests and the public interest
in this matter. Each entity that filed a request for public records is being provided the
same records with this letter, regardless of the scope of their request.
Eleanor M. Dilkes
City Attorney
4 10 E. Washington St.
Iowa City, IA 52240
Ph: 3 19-356-5030
Fax: 3 19-356-5008
email: eleanor-dilkes@iowa-city.org
Cc: (W/Oencl.)
City Council
Dale HelIing, Interim City Manager
Marian Karr, City Clerk
Sarah Holecek, First Assistant City Attorney
Michael Lombardo
Page 1 o f 2
0143
Michael Lombardo
From: Michael L o m b a r d ~
Sent: Wednesday, April 15,2009 2:44 PM
To : 'Amy Correia'
Subject: RE: Cultural Undercurrent
Thanks, Amy - perhaps we should wait until after Friday (I am beginning to feel like there are some who would
like me not to be the city manager any longer!?)
Michael A. Lombardo
City Manager
410 E. Washington Street
319-356-5010 phone
319-356-5009 fax
michael-lombardo@iowa-city.org
From: Amy Correia [mailto:acorreia@co.johnson.ia.us]

Sent: Tuesday, April 14, 2009 4:35 PM
To: Michael Lombardo
Subject: RE: Cultural Undercurrent
Michael:
Over Spring Break I did organize a very informal discussion about racial tensions in the lowa City area, at the
request of a former IC resident who often returns to lowa City to visit her family, and attends the Church of the
Nazarene. The Senior Pastor there is interested in related community issues, as he leads a multi-cultural parish
community. He attended this luncheon. Stefanie Bowers and Marcia Bollinger were also able attend from 1C
government, as well as my staff LaTasha, Michael Shaw from the School Board, and Marcella David from the
University. I'd also extended an invitation from Valerie Nyberg, as she is leading the ICCSD cultural competency
training effort, but she was unavailable due to Spring Break. LaTasha has shared with me that a collaboration is
underway to train neighborhood leaders on the diversity dialogue program that the UI Women's Resource and
Action Center has been offering for a few years. To me, this seems like a good University/Community partnership
to begin conversations.
I would absolutely be interested in talking with you further about this.
Amy
Amy Correia, LMSW

Social Services Coordmator
Johnson County Social Serviccs
Kcw .\cidress:
855 S. Ilubuclue Street. SLII~C'
30313
l o ~ v aCity, Iowa 533311
KEYP Phone: (319) 356-6090. o r (319) 68K-5703
NE\V Fax: (319) OSS 5? 11
e-mail: acorreia@co.johnson.ia.us
web: www.johnson-county.com/socialServices
From: Michael Lombardo [mailto:Michael-Lombardo@iowa-city.org]

Sent: Tuesday, April 14, 2009 2:23 PM
Page 2 of 3
I could meet later in the morning or in the afternoon on Tuesday; at 7:30 or between 1: I 5 and 2:15 or after 3:15
on Wednesday; or later in the afternoon (after 3) on Thursday. Let me know if any of these times work.
Regenia D. Bailey
430 Church Street
lowa City, IA 52245
319.351.2068 (h)
319.321.A385 (mobile)
866.802.2854 (fax)
From: Matthew J. Hayek [mailto:mhayek@hhbmlaw.com]

Sent: Sunday, November 09,2008 9:36 PM
To: Regenia Bailey
Subject: RE:
Let's try to talk this week about this and about preparation for his review. Email's probably not the best way of
discussing something like this anyway. Not sure if there's a pattern here, but it's disturbing. If you want to come
to my again (decent coffee and total privacy), that might work. Of course I'm happy to meet anywhere else too.
MJH
Matthew J. Hayek
Hayek, Brown, Moreland & smith, L.L.P.
120 East Washington Street, lowa City, lowa 52240-3924
319.337.9606 telephone
319.338.7376 facsimile
Email: mhayek@hhbmlaw.com
Website: www.hhbmlaw.com
From: Regenia Bailey [mailto: bailey@avalon.net]

To: Matthew 3. Hayek
Subject: RE:
I talked to someone who attended one of these and he mentioned these topics as well-not in quite the same
way, but the account of what was said was similar.
Regenia D. Bailey
430 Church Street
lowa City, IA 52245
319.351.2068 (h)
319.321.I385 (mobile)
866.802.2854 (fax)

To: Regenia Bailey
Subject: RE:
What do you make of it?

Page 3 of 3
Matthew J. Hayek
Hayek, Brown, Moreland & Smith, L.L.P.
From: Regenia Bailey [mailto:bailey@avalon.net]

Sent: Sunday, November 09, 2008 9:24 PM
Subject: RE:
Yes.
Regenia D. Bailey
430 Church Street
lowa City, IA 52245
319.351.2068 (h)
319.321.I385 (mobile)
866.802.2854 (fax)
From: Matthew 3. Hayek [mailto:mhayek@hhbmlaw.com]

Sent: Sunday, November 09, 2008 7:59 PM
To: Regenia Bailey
Subject:
Did you get an anonymous complaint from a non-profit leader in the mail about Michael?
Matt
Matthew J. Hayek
November 5,2008
Dear City Councilor:
I am a representative of a local non-profit agency, but forgive me if I do not give my name at the
bottom of this letter. I think you will soon understand my hesitancy to sign the letter.
I was recently invited to attend a luncheon hosted by City Manager Michael Lombardo. l had
looked forward to meeting with him and other local agency representatives. What I assumed
would be a pleasant experience soon turned sour, however, and I think the City Council needs
to know of this experience, because you may not be aware of what goes on behind your backs.
What Iassumed would be a group exchange instead became a one-directional performance, in

which the City Manager extolled his "great plans* for the community. He portrayed himself as a
one-man change agent, and pledged to fight those who were obstacles. He castigated the City
Council and the Staff for "pushing backnagainst him, and that he would fight and overcome
those who stood in his way to achieve his vision.
Iwas shocked at this display and I could tell others were as well. I respect the City Council for
its hard work and public service, and didn't approve of this public dissing from their newly-hired
subordinate. It seemed so strange for him to exhibit publicly his disdain for group process and
his supervisors, you the City Council. And to think this was supposed to be some kind of
'bridge buildingnexercisel Iwas stunned at this display of unbridled egotism. It especially
seemed arrogant considering how short a time he has lived in lowa City. I suppose he can insult
City staff to a public group since he supervises those employees, unfortunately, but this too
seemed disloyal and certainly not enlightened management. 1 feel sony for those who must
work closely with him. I can only imagine it must be a spirit-deadening environment, where one
has to pay continual homage to this man's ego.
Ifelt like he was trying to build alliances with those outside of City Hall for some devious reason,
so Iquickly began to feel like a pawn. Is he trying to build alliances to counter those whom he
feels "pushes back against him"? Is this what lowa City has come to? Some Macchiavellian
exercise?
Iwas also surprised to hear him announce that he would get rid of the leaf vacuum program -
that it is wasteful. Have you had a chance to discuss this topic before he announced it in this
forum? Ithink he does not understand his role. Ithought he was supposed to be the chief
operating officer who carries out your policies. He obviously believes his role is not a
subservient one, which Ifound alarming.
Just in case you are unaware of what goes on behind your backs, I felt I needed to write to you.
He is a smooth talker and big smiler when he needs to be and is charming upon first
impression, but there is a very dark side to him. Perhaps you have not seen this other side.
If I were braver 1 would sign my name, but since I was one of the few dozen or so invited, I feel I
could be tracked. I go the impression he could be very vindictive towards anyone who dares to
question him. I appreciate your time and consideration of this important matter involving your
employee. I'm sure it is not an easy thing to face a bad hire, but short-term embarrassment is
better than having this negative influence drag lowa City down. I moved to lowa City only a
short while ago, but love this community and want the best for it. He is not the right person for
this important job.
Page 1 of 1
0266
Matthew J. Hayek
From: Matthew J. Hayek

Sent: Wednesday, April 15,2009 10:16 AM
To: 'Michael Lombardo'
Subject: RE: Time to Talk?
Michael.
Sorry I missed your calls. We can talk on Friday when the full council gets together.
Matt
Matthew J. Hayek
-
From: Michael Lombardo [mailto:Michael-Lombardo@iowa-city.org]
Sent: Wednesday, April 15, 2009 8:57 AM
Subject: Time to Talk?
Importance: High
Matt - Iam heading into a staff meeting; is there a time today that we can get together to talk?
Michael A. Lombardo
City Manager
319-356-5010 phone
319-356-5009 fax
michael-lombardo~iowacity.org
Page 1 of 1
Matthew J. Hayek
~
-, "- ".--.-..--------.-----M----..."..".-.-" -
From: Michael Lombardo [Michael-Lombardo@iowa-city.org]

Sent: Thursday, February 26, 2009 12:06 PM
To: Matthew J. Hayek
Subject: RE: sales tax
I do not agree that my comments are strident - Terrence and Sally yesterday were very clear
that they intended to sunset the sales tax at three years so that we would be forced (there
words, not mine) to support a local option sales tax that redirects revenue from all of the
municipalities to fund the justice center and that if we wanted to finish funding our projects then
we would have to play ball with them. Many might view that as a form of extortion should that
type of bold-faced approach slip by without comment?
Michael A. Lombardo
City Manager
319-356-5010 phone
319-356-5009 fax
rnichael-lornbardo@iowa-city.orq

Sent: Thursday, February 26, 2009 8:56 AM
To: Michael Lombardo
Subject: sales tax
Michael,
I know you're working hard on the sales tax referendum issues, but your choice of words in today's P-C is not
what Iwould have used. Language that strident has an impact - and not one that I think benefits the city long
term. This is a small community and words matter.
Matt
Matthew J. Hayek
CORNER OFFICE
IE CHATTER
I GREG E R E N N E M A N
ty."
rci L. Madoff,
I Can YOU P ~ S S
>dingin court to
a that he had run
Ponzi scheme
hbed t h o u a d s
I A C.E.O. Test?
estors of their life Q. What do you consider th@eys to effective -
The most im ortant thing is that vou treat
A.
& this e ~ w b o dincidiblv
r dand leadwith a b i t t
-of humdit&I've also found that when I go
' ~ Y . wa~ s into a company to lead, it's important to have
way to cure a very simple vlan that evervbodv wu&
derstand. So I'm constantly asking the ques-
)mpukive tion, "What are the two or three levers that,
if done right, if pulled correctly, will really
?inghabit." turn this business?" Then I take those levers
re Frankel ahigh .
and bake them into a onepage plan. .
teacher from ~kokik- I learned back m the days when I was con-
ho says she now ~ F s ', sulting a t Bain & Company - and before
h more d s f i e dwih : that, When I was at Harvard ~ u s i n e s Ss C ~ Q O I
ings mon& w:t.buy, doing case studies - that they give yon
le well-bei'ng of my , more information than you could possibly -
r." @ad. So you needed to quickly step back and
say,"What are the two or three things that
~tentia[&
u
." >
really matter?" Managers don't redly do
that often. e 'ust dive into $1 this detail
b/e, pe~"sopa/ and startP$zicron ms a d w u z w o r ,'~
-and they don't step.&k to figiire out whai
really matterJ.
%ester, executive Q. When you are hiring or evaluating manag-
M d the Center for ers, do you have one or two acict-test ques-
11 D e w , on tions? Greg Brenneman, chairman of ~ ~ b l ~ ~ a in ~ its
i tPark
a l Avenue
, offices. A tufn-
)ones a i d m p h o h e s . around expert, he is the former c.6.0; of Quiznos, Burger King a n d
r c i . a ~ a r ~ ~ a t A. RigFt now, CCMP has about 50 portfolio
companies. F i e e n companies make up
Np 8bout 80 percent of our economics, and I'm
,,*in&&p; " Corner Office, a new Sunday Businyss~fea- Q.Is there an eflective time-management
habitdl&l+n @eir actually mentomg some of the C.E.O.3 of tyre, o@rs highlights from cdnversa&r&- technique you've developed? ,
ons. ,. . those,companies. about IecaieThip aq* w':hd A. Nothing incredibly impressive, 0-
,
p -2 "'
My job now, which I love, is a little differ-
. ent than running a company, because I inter- teniiewwas wndensed~nae@kd
by ,Adam BW@- A longer mnsc*k $$at
never allow meetings to last veryhhg<*we
, start on timeand end on time. t mu pin'
3rreqgiqh~ *
act with so many c.E.0.'~. And I really fest
for two things. One is, are h y smart enough
nytimes.com/bkiness.
' -
& a small farm town, you're just not laWwhGn
7'
it's time to do chores or ~o to wo* It seems i

,@tat Do&eOi(unn to do the job? Do thFY'have enoug capabili-
!day, abo&mg
k, referzed HCf$R$ly
qn -
fy to fmnd those twoor tl?ree levershthat really
make a difference in a business? And I call
11e who cah view in. that the LO.di~sticktest. If vou stick the LO.
w in a mehber's pro- dipstick inandit comes out b o quarts em& Q. What other question wduldyd$&k 4
hough the member's
can see such informa-
can people who belong
ty, there's nothing else we can do. Thankful-
ly, the vast majority of CCMP c.E.0.'~ I have
met pass the I.Q. test.
C,ro.'s.to,get some insight ifitoRq@they
manageand lead? ' p 4
ooi, workplace or geo-
network on Facebook
I Q. id
how do you.. .
- -
e member may join. A. 1'
1 1 start asking questions. What really terms of what 1'11 .
,ember, however, can drives this business? If I told you I'd love to "shadow of the leader" that they cast over
default privacy set-
I deny that access to
I the network.)
see earnings up 20 percent, what would be
the levers we co~!tdpull to do that? In these
economic times, it's actually a different ques-
-
succeed welL _
Q. Was there an insight you had that, looking
:the organlzatianat this particular ooint in,
Q. Now can you. . .

tion, which is, how is your revenue forecast
back, putyour career on a dijjerent trajec-
Zeed column last Sun-
)ut changes in buying .
coming out? And then you just listen.
Some c.E.0.:~will say, "I'm going to do
tory?
A. Answer your own question? I think it's irn-
portant to talk to people about how we're in a
1 for alcoholic bever- one, two, three, four, five, and you sit there A. Some of it was luck. But I remember fundamentally different world. Ask the ques:
nisstated the title' of and listen and you say: "Yeah, that makes something that Mitt Romney told me a t Bain. tion, "If compensation isn't going to be the
nith of Union Square He said: "Greg, in any interaction, you either same, where do you get your fulfillment in
n Manhattan. He is the gain share or lose share. So treat every inter- life?"
liiector, not the bever- action a s kind of a precious moment in time." Certainly, work is a big piece of that. But
stor. And I've always remembered that. so are family, faith, friends and hpbbies.

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City Attorney's Office

4 1 0 East Washington Street

Gregg Hennigan, Cedar Rapids Gazette

A significant amount of material was identified, retrieved and reviewed in response to

As you likely know, pursuant to Iowa Code §22.7(11), "personal information in

Additionally, Iowa Code $22.7(18) renders confidential "communications not required by

From: Amy Correia [mailto:acorreia@co.johnson.ia.us]

Amy Correia, LMSW

From: Michael Lombardo [mailto:Michael-Lombardo@iowa-city.org]

From: Matthew J. Hayek [mailto:mhayek@hhbmlaw.com]

From: Regenia Bailey [mailto: bailey@avalon.net]

From: Matthew J. Hayek [mailto:mhayek@hhbmlaw.com]

What do you make of it?

From: Regenia Bailey [mailto:bailey@avalon.net]

From: Matthew 3. Hayek [mailto:mhayek@hhbmlaw.com]

Dear City Councilor:

What Iassumed would be a group exchange instead became a one-directional performance, in

From: Matthew J. Hayek

From: Michael Lombardo [Michael-Lombardo@iowa-city.org]

From: Matthew J. Hayek [mailto:mhayek@hhbmlaw.com]

it's time to do chores or ~o to wo* It seems i

Q. Now can you. . .

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