15FC:0008 07/16/2015 Steve Kass / Shueyville City Council

Date:
07/16/2015

Subject:
Steve Kass / Shueyville City Council

Opinion:

Iowa Public Information Board

RE:  Formal Complaint 15FC:0008, filed by Steve Kass and concerning the Shueyville City Council.  Recommend approval of the proposed remediation plan.

Steve Kass filed a formal complaint with the Iowa Public Information Board (IPIB) on February 10, 2015, alleging that the Shueyville City Council (City) violated Iowa Code chapter 21 due to insufficient agenda items and minutes for the January 13, 2015,  City Council meeting. Specifically, Mr. Kass alleged the City failed to “give notice of the…tentative agenda, in a manner reasonably calculated to apprise the public of that information” as required by Iowa Code section 21.4(1), citing vague agenda items. Mr. Kass also alleged the minutes of that meeting were inadequate under Iowa Code section 21.3 as they failed to detail the discussions and motions on several agenda items.

Upon receipt of the complaint, the Shueyville city attorney was contacted. The city attorney subsequently agreed that the agenda item entitled “Employees” was not sufficient under Iowa Code section 21.4(1). The City has agreed to change its practices so future agenda items will comply with that section. However, the City asserted the remaining agenda items and the minutes were in compliance with Iowa Code chapter 21. The IPIB formally accepted portions of the complaint that were valid and within IPIB jurisdiction on April 16, 2015.

Iowa Code section 23.9 requires the IPIB to “promptly work with the parties, through employees of the board, to reach an informal, expeditious resolution of the complaint.” Therefore, the parties have agreed that the following remediation plan is appropriate: (NOTE: Subsequent to the filing of the complaint, the mayor resigned.)                 

1. The City will acknowledge that having the word “Employees” as an agenda item is not sufficient to alert citizens to what will be discussed. The City’s policy and procedures related to that will be changed to comply with Chapter 21.
    
2. The City will acknowledge that the minutes of its meeting on January 13, 2015, were unclear as to several agenda items. City policy and procedures concerning recording and drafting meeting minutes will be changed to comply with Chapter 21.
    
3. The City will work with the Iowa League of Cities to develop appropriate city policies and procedures to address any inconsistencies and irregularities in current policies and procedures. Copies will be provided to the IPIB.
    
4. City council members, the incoming mayor and all city staff shall review the training PowerPoint on the IPIB website (www.ipib.iowa.gov).
    
5. City council members and the incoming mayor shall attend IPIB or Iowa League of Cities training concerning Chapter 21.
    
6. When the remediating plan is formally adopted by the City, this document shall be included in the minutes of that meeting.

The above provisions shall be completed by August 31, 2015, and a report of completion will be filed with the IPIB staff on September 7, 2015. Upon successful completion of the remediation plan, the IPIB shall dismiss the complaint as resolved with no additional sanctions.

The proposed remediation plan has been approved by Steve Kass and by the Shueyville City Council.  The proposed plan addresses the concerns of the IPIB and Mr. Kass.  The plan fulfills the purpose of Iowa Code section 23.9.  Therefore, I recommend that the IPIB accept the proposed remediation plan.

Submitted this 2nd day of July, 2015.
 

__________________________________________

Margaret E. Johnson, JD
Deputy Director, IPIB

Cc:       IPIB
            Steve Kass
            Shueyville City Council
            Jon McCright, city attorney