15FC:0013 07/16/2015 Dianne Reeves / City of Albion

Topics:

Formal Complaints

Date:
07/16/2015

Subject:
Dianne Reeves / City of Albion

Opinion:

City of Albion
Remediation Plan
15FC:0013

Dianne Reeves, complainant, filed a complaint against the City of Albion (City) on February 23, 2015.  In that complaint, Ms. Reeves alleged that the City violated Iowa Code chapters 21 and 22 by charging $0.25 per page for copies of public records, by going into closed session without stating an appropriate and complete reason on the agenda for February 19, 2015, and by publishing meeting minutes in an untimely manner.  On May 21, 2015, the Iowa Public Information Board (IPIB) accepted the first and second complaint.

The agenda in dispute indicated that a closed session would be held under Iowa Code section 21.5, without indicating which subsection of 21.5.  The minutes from the meeting indicated that the closed session was to discuss applicants for an open position, a valid reason for a closed session under Iowa Code section 21.5(1)(i).  The agenda would have been more informative if the subsection had been included, along with a brief statement of the reason.

Counsel for the City stated that the agenda could have been more specific, but did not agree that the February 19, 2015, agenda violated Iowa Code section 21.4. However, counsel agreed that the City in the future would draft and post more descriptive agendas.   Counsel also agreed to draft a written fee schedule for public records requests that would reflect actual costs as allowed by Iowa Code section 22.3.

Upon the IPIB acceptance of Ms. Reeves’ complaint, IPIB staff engaged in discussion of an informal resolution pursuant to Iowa Code section 23.9.  All parties were involved in this negotiation, resulting in the acceptance of a remedial plan.

 The remediation plan is as follows:

  1.  All council members, as well as the Mayor, will review the website training on Open Meetings and Public Records found at the IPIB website:  www.ipib.iowa.gov, under the Training drop down menu.
  2. The City will ensure that future meeting agendas are more descriptive and include the use of a subsection and description for any closed session.
  3. The City will develop an appropriate policy for record requests, retrieval, and release to include any fees or charges following the guidelines of Iowa Code sections 22.3 and 22.3A.
  4. The IPIB will provide Board members with a copy of the 2015 Iowa Open Meetings, Open Records Handbook prepared by the Iowa Freedom of Information Council for quick reference during meetings.

The above provisions shall be completed no later than August 31, 2015, and a report of compliance shall be filed by the Board with the IPIB no later than September 4, 2015.  Upon successful completion of the remediation plan, the IPIB shall dismiss the complaint as resolved with no additional sanctions.

THIS REMEDIAL PLAN HAS BEEN REVIEWED AND APPROVED BY THE FOLLOWING:

______________________________________________                            ___________

Dianne Reeves, Complainant                                                                         Date

 

City of Albion                                                                                                 Date

Lynne Borton, Mayor____________________________________              ____________

Todd Kelley     _________________________________________             ____________

Keith Balvanz  _________________________________________             ____________

Pat Hemming  _________________________________________             ____________

Travis Bittner   _________________________________________             ____________

David Waterhouse ______________________________________             ____________

 

IPIB

Robert Andeweg, Chair __________________________________             ____________