Date:
09/15/2016
Subject:
Dodie Hook / Akron City Council - Report and Order
Opinion:
Before the Iowa Public Information Board
|
In re the Matter of: Dodie Hook, complainant And concerning: City Council of Akron, Iowa |
Case Number: 16FC:0037 Final Report |
SUMMARY: Formal complaint filed by Dodie Hook against the Akron City Council (Council). Complaint accepted by the Iowa Public Information Board (IPIB) on June 16, 2016. An informal resolution was approved by all parties. The terms of the informal resolution have been completed. Recommend the IPIB approve the informal resolution and dismiss the complaint.
BACKGROUND
Dodie Hook submitted a formal complaint on April 22, 2016. She alleged the Akron City Council (Council) improperly went into closed session on April 15, 2016, to discuss a city employee’s performance and possible termination. The Council did not state the proper reason for the closed session pursuant to Iowa Code section 21.5.
On May 9, 2016, the city attorney filed a response to the complaint. In that response, he acknowledged that the Council had violated Chapter 21 and requested an opportunity to informally resolve this situation.
Iowa Code chapter 21.5 requires the Council to vote before going into closed session and to announce the reasons for going into closed session prior to doing so. Section 21.5(1) lists the acceptable reasons for going into closed session. The city attorney acknowledged that a closed session pursuant to Iowa Code Section 21.5(1)(c) requires the presence of the city attorney either physically or electronically.
The IPIB accepted this complaint on June 16, 2016.
I prepared an informal resolution, which was circulated and approved by all parties (Exhibit 1). It was scheduled for inclusion on the August 2016 meeting agenda. That meeting was cancelled. The terms of the informal resolution anticipated completion by the end of August 2016. On August 24, 2016, the attorney for the Council sent an email indicating that the terms of the resolution were completed on August 23, 2016. The Council met, approved the resolution and attended training as required. The minutes and the recording of the April 15, 2016, meeting are open records and will be released to anyone who requests them.
RECOMMENDATION
First, I recommend that the IPIB approve the informal resolution. Second, I recommend that the IPIB dismiss the formal complaint pursuant to the terms of the informal resolution.
Respectfully submitted this 24rd day of August, 2016.
Margaret E. Johnson, JD
Deputy Director
Cc: IPIB
Dodie Hook
City of Akron
David Stuart, city attorney