Date:
09/15/2016
Subject:
Ronald Cleveland / City Council of Council Bluffs, Iowa - Final Report and Order
Opinion:
Before the Iowa Public Information Board
|
In re the Matter of: Ronald Cleveland, complainant And concerning: City Council of Council Bluffs, Iowa |
Case Number: 16FC:0038 Final Report |
SUMMARY: Formal complaint filed by Ronald Cleveland against the Council Bluffs 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
On April 27, 2016, Ronald Cleveland filed a complaint with the Iowa Public Information Board (IPIB) alleging a violation of Chapter 21 of the Iowa Code by the City Council of Council Bluffs Iowa (Council) and the Police Chief (Chief).
Specifically, Mr. Cleveland alleged that certain city council members violated Chapter 21 on April 20, 2016, by having a quorum of the council members present at a meeting to discuss an upcoming bond election issue without the posting of a notice and agenda for the meeting.
The police chief sent an email to the Council calling for a special meeting to be held on April 20, 2016, at 5:00 p.m. in Room D of the Council Bluffs Public Library. In the email, the police chief requested that the city clerk ensure “proper publication to meet the Iowa Open Meetings Law.” The police chief mistakenly believed he had properly sent a copy of this email to the city clerk, but inadvertently did not. Because the city clerk did not receive the email, no notice was posted.
Four out of five members of the Council were present at the meeting. The police chief was present, along with five or six members of the public. The city clerk and city attorney were not present.
Upon receipt of the complaint, the city attorney promptly directed another meeting, properly noticed. This meeting was held on May 2, 2016.
The IPIB accepted this complaint as to the City Council only on June 16, 2016. The police chief is not a “governmental body” and therefore not governed by Chapter 21 of the Iowa Code.
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 22, 2016, the attorney for the Council filed an affidavit verifying completion (Exhibit 2).
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 23rd day of August, 2016.
Margaret E. Johnson, JD
Deputy Director
Cc: IPIB
Ronald Cleveland
City of Council Bluffs
Richard Wade, city attorney