Date:
06/16/2016
Subject:
Rowland And Burton / City of Blakesburg - Probable Cause Report and Order
Opinion:
Before the Iowa Public Information Board
|
In re the Matter of: Patty Rowland and Randy Burton, complainants And concerning: City of Blakesburg |
Case Numbers: 16FC:0028 And 16FC:0032 PROBABLE CAUSE Report |
Summary: Two complaints were filed against the City of Blakesburg, one alleging a violation of chapter 22 (Rowland, 16FC:0028) and the other alleging a violation of chapter 21 (Burton, 16FC:0032). Attempts to resolve both cases pursuant to Iowa Code section 23.9 were unsuccessful. Based upon further investigation, I recommend dismissal of both cases due to lack of probable cause.
Background
Patty Rowland, 16FC:0028
On March 18, 2016, formal complaint 16FC:0028 was filed by Patty Rowland with the Iowa Public Information Board (IPIB) against the City of Blakesburg. She alleged that the Blakesburg City Clerk Roberta Leffler violated various provisions of Iowa Code chapter 22. Patty Rowland’s complaints involve not receiving requested employment and compensation records, monthly check summaries for the city and fire department, and documents from a 28E agreement. Rowland was also concerned about access to city hall as it is sometimes not open during scheduled hours. (Hours set by the City Council for the city clerk’s employment are beyond the jurisdiction of the IPIB and will not be further addressed.)
Rowland requested documents relating to hours worked and compensation provided on January 21, 2016. On February 10, 2016, Rowland requested monthly accounting for the city. On March 10, 2015, Rowland requested a 28E addendum discussed at an open meeting.
Leffler has provided Rowland with records on the following dates:
1/25/16- 16 pages
2/1/16- 2 pages
2/4/16- 6 pages
3/7/16- 66 pages
3/8/16- 17 pages
3/14/16- 13 pages
3/31/16- 17 pages, 28E agreement addendum
4/11/16- 12 pages
Rowland has received the copies of checks and time cards that she has requested and the requested reports from Leffler regarding fire department and city accounting. She has also received a copy of the 28E addendum. Rowland alleges that she has not received the financial reports she had requested. I met with Leffler in Blakesburg on June 2, 2016, and determined that Leffler has released most of the records that she has pertinent to Rowland’s request. The balance was released on June 6, 2016.
Rowland requested accounting records in formats that the city does not have programming to create. I informed Leffler that she does not have to create records to fulfill Rowland’s record requests if such records do not already exist.
Iowa Code section 22.3A(2)(d) stipulates that:
An electronic public record shall be made available in the format in which it is readily accessible to the government body if that format is useable with commonly available data processing or database management software. The government body may make a public record available in a specific format requested by a person that is different from that in which the public record is readily accessible to the government body and may charge the reasonable costs of any required processing, programming, or other work required to produce the public record in the specific format in addition to any other costs allowed under this chapter.
Randy Burton, 16FC:0032
On April 4, 2016, Randy Burton filed a separate complaint alleging that the Blakesburg City Council (City) violated various provisions of Iowa Code chapter 21. Specifically, Burton alleges that a meeting was held on February 10, 2016, in which a majority of city council members were present without public notice or minutes. The City responded that a quorum of city council members were not present, with only two members out of five total present.
Discussion
The IPIB formally approved acceptance of Rowland and Burton’s complaints on April 21, 2016. 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.” IPIB proposed the following informal resolution to the parties:
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The City shall provide all requested records to complainant or an explanation to complainant and to IPIB as to why records cannot be released no later than 20 days after approval of the plan.
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The City Clerk shall attend the Iowa Municipal Professionals Institute through Iowa State University in July 2016.
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The Mayor and the City Council shall attend in-person training on open meetings and open records by the Iowa League of Cities.
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The City will ensure that it has appropriate hours for records requests pursuant to Iowa Code section 22.4.
Rowland did not accept the terms of the proposed informal resolution. Instead, she wanted the IPIB to admonish the mayor for his comments and his position on open records. Burton also did not accept the terms of the informal resolution. He requested that the IPIB initiate a civil case for monetary fines against the city council. Burton also wants a signed letter of public apology on city letterhead.
The City accepted the terms of the informal agreement. The League of Cities and the IPIB staff have worked with Leffler to ensure that all of Rowland’s records requests were fulfilled. Leffler will not be available to attend the Iowa Municipal Professionals Institute, but participated with the Mayor and the City Council in onsite training with the Iowa League of Cities on May 24, 2016. Rowland was present during that training. The City has substantially complied with the terms of the proposed informal resolution.
The City responded to Burton’s complaint, denying that a majority of the city council members met with the Mayor. There is no evidence to support the determination that a violation of Iowa Code chapter 21 occurred.
IPIB Action
The IPIB has several options upon receipt of a probable cause report. According to Iowa Administrative Rule 497 - 2.2(4):
“Board action. Upon receipt and review of the staff investigative report and any recommendations, the board may:
a. Redirect the matter for further investigation;
b. Dismiss the matter for lack of probable cause to believe a violation has occurred;
c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or
d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.”
Recommendation
I recommend IPIB dismiss both complaints for lack of probable cause to believe violations have occurred. Rowland’s public records requests have been fulfilled. The number and frequency of documents provided to Rowland so far this year suggest that Leffler is routinely providing access to public records. While Blakesburg could strive to become timelier in fulfilling records requests, past accounting and record keeping procedures have been barriers to achieving that goal. The City has recently authorized the purchase and use of updated software that should make record keeping more accessible.
The city council and mayor have provided assurance that an improper meeting was not held according to Burton’s complaints. Leffler, the Blakesburg Mayor, and the Blakesburg City Council all attended training from the League of Cities regarding open meetings and open records.
Respectfully submitted this 8th day of June, 2016.
Margaret E. Johnson, JD
Deputy Director
CC: IPIB
Patty Rowland
Randy Burton
Roberta Leffler, City Clerk
Bill Henshaw, Mayor
Heather Simplot, attorney for City of Blakesburg