15FC:0071 / 15FC:0073 11/19/2015 Robert LaPoint and Mitch Niner / City of Ottumwa

Date:
11/19/2015

Subject:
Robert LaPoint and Mitch Niner / City of Ottumwa

Opinion:

Iowa Public Information Board

RE:  Formal Complaints accepted and informal resolution reached.   Recommend approval of remediation plan.

Background Information

On August 20, 2015, Robert LaPoint filed a formal complaint against the City of Ottumwa (City) (15FC:0071).  On August 21, 2015, Mitch Niner, a city councilman, filed a complaint against the City of Ottumwa (15FC:0073).

Mr. LaPoint alleged that the City violated Chapter 21 of the Iowa Code by discussing and voting upon an issue outside the scope of the agenda on August 13, 2015.  The agenda listed no action items.  During an item listed for ‘discussion’, the City voted to begin proceedings to hire an employee.

The agenda and minutes for the August 13, 2015, meeting of the Ottumwa City Council contain language that could be a violation of Iowa Code.  Iowa Code section 21.4 requires that an agenda provide notice to “reasonably apprise the public” of the matters to be deliberated and voted upon at a meeting.

On August 13, 2015, the City used the term “Action Items” in an agenda and did not list anything under that agenda item.  The next agenda item listed was a “Work Session” item, creating the alleged inference that there would be no voting on the matter at hand.

Mr. Niner provided copies of the agenda and minutes for the meeting with his complaint.  The agenda lists nothing under the ‘ACTION ITEMS’ heading.  The ‘WORK SESSION ITEMS’ heading includes “1.  Discussion with Brimeyer/Fursman on how to proceed after City Administrator’s departure.”  The minutes note that during this discussion, a potential interim city administrator was introduced and spoke.  Council members then passed a motion to hire this individual as “soon as possible or at Regular Council Meeting on 9/1/15…”  Niner voted against the motion.  Staff then prepared a proposed Employment Agreement and conducted the background check.  The hiring was brought back before the Council on August 18, 2015 during an open meeting with proper notice provided.  With no objection from the public, Council in a four to one vote approved the hiring.

The Iowa Public Information Board (IPIB) accepted both complaints on September 17, 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.” While the City does not acknowledge that the 8/13/15 meeting was illegally held or the staff direction given at the meeting was illegal, the City is willing to work to clarify its own agenda items so that the public is reasonably apprised of the matters to be deliberated and voted upon at a meeting.  Therefore, the parties agree that the following remediation plan is appropriate:

1. The City will acknowledge that meeting agendas must be sufficiently descriptive to inform the public of any proposed action that may occur during that meeting.
2. The City will modify future agendas to list all discussion/action items fully and without qualifiers such as “Action”, “Work Session”, “Discussion Session.”
3. When the remediation plan is formally adopted by the City, this document shall be included in the minutes of that meeting.
4. The City hosted former Executive Director Keith Luchtel for an Open Meetings training on September 11, 2014.  The City will continue to provide on-going training to council members and staff dealing with issues involving Chapters 21 and 22 of the Iowa Code.

The above provisions shall be completed by November 30, 2015, and a report of completion will be filed with the IPIB staff on December 4, 2015. Upon successful completion of the remediation plan, the IPIB shall dismiss the complaint as resolved with no additional sanctions.

All members of the Ottumwa City Council, as well as both complainants, have approved the proposed remediation plan.  I recommend that the IPIB approve the plan and direct the chair to sign an order adopting the plan.  The IPIB will review compliance at the December 17, 2015, IPIB meeting.

Respectfully submitted this 23rd day of October, 2015.

Margaret E. Johnson, JD
Deputy Director, Iowa Public Information Board
(515) 725-1783
(515) 725-1789 (fax)

Cc:          IPIB
                Robert LaPoint
                Mitch Niner
                Joni Keith, city attorney
                City of Ottumwa (Mayor Tom Lazio)