Date:
11/16/2017
Subject:
Brian Rammelsberg/Atkins City Council - Probable Cause Report & Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Brian Rammelsberg, Complainant And Concerning: Atkins City Council, Respondent |
Case Number: 16FC:0089 Probable Cause Report |
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits this Probable Cause report pursuant to Iowa Code section 23.10(1):
Background Information
On September 22, 2016, Brian Rammelsberg and his attorney, Jennifer Zahradnik, filed formal complaint 16FC:0089 with the Iowa Public Information Board (IPIB), alleging that the Atkins City Council (City) violated Iowa Code chapter 21.
In the initial complaint, a number of dates and times were listed for violations:
5:30 pm on August 8th, 2016
5:30 pm on August 15th, 2016
7:30 pm on September 6th, 2016
5:30 pm on September 19th, 2016
Atkins, Iowa - City Hall
The violations primarily involved improperly entering into closed sessions and failure to follow the procedures set forth in Iowa Code section 21.5.
Complainants requested that the IPIB “investigate the matter, issue instructions for the proper procedures for entering closed session and issue a fine and removal from office if the violations are determined to be willful.” In a later correspondence, the attorney for the complainant stated, “We just want someone to look into this matter and make sure that it does not continue to happen.”
Counsel for the City responded by letter on September 29, 2016. In the response, he provided information confirming the violations at all listed City Council meetings, except for the August 15, 2016, meeting. Counsel noted that the violations resulted from a lack of education and knowledge about how to properly hold a closed session. He recommended that the City agree to training to prevent future violations.
The IPIB accepted the complaint on December 15, 2016, and directed staff to negotiate an informal resolution pursuant to Iowa Code section 23.9.
The City proposed terms that included the training recommended by counsel for the complainant. These terms were forwarded to counsel for complainant, who requested that she be contacted rather than Mr. Rammelsberg. From February 2016 to June 2016 the parties continued to exchange possible terms for an informal resolution. Some of the proposed terms were beyond the authority of the IPIB to impose, and the City did not believe it was appropriate to include those terms. Counsel for the City relocated in May 2016, and new counsel was selected. By the beginning of July 2016, it was apparent that the parties could not agree to an informal resolution, and a formal investigation was initiated.
The City provided copies of the audio recordings of the closed sessions at issue for confidential review pursuant to Iowa Code section 23.6(6), as one of the original allegations was that the closed sessions were not recorded. The recordings confirm that the requirements of Iowa Code section 21.5(5) were met.
The agendas and minutes for the 2016 disputed meetings confirmed that other requirements of Iowa Code section 21.5 were not sufficiently performed. Specifically, the City had failed to list a reason for the closed session under Iowa Code section 21.5 on the agenda and in the minutes. The City was also not consistent in recording the votes of the members present.
To remedy this concern, the City scheduled training for council members and staff. The League of Cities provided training on September 11, 2017, and October 17, 2017, and the City attorney provided additional training on October 9, 2017. The second training, utilizing the IPIB curriculum, was attended by three of the candidates for the November 2017 elections, as well as the Mayor and the four council members involved with the complaint.
The City also approved a “Closed Session Policy and Practices” that will guide all future closed session. The policy provides step-by-step guidance for a closed session. (Copy attached)
The City appropriately addressed every concern and possible violation.
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;
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; or
e. Direct administrative resolution of the matter under subrule 2.1(6) without making a determination as to whether a violation occurred.”
Recommendation
I recommend that the IPIB find that there is probable cause to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the complaint pursuant to Iowa Administrative Rule 497-2.2(4)(c), as the City completed appropriate remediation and resolution of the deficiencies.
Counsel for both parties continue to negotiate other issues that are beyond the scope of IPIB’s jurisdiction.
Respectfully submitted this ___ day of _______, 2017.
Margaret E. Johnson, JD
Executive Director
Iowa Public Information Board
Wallace Building, Third Floor
502 E. 9th Street
Des Moines, Iowa 50319
(515) 725-1783
(515) 725-1789 (fax)
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ____ day of November, 2017, to:
IPIB
Jennifer Zahradnik, counsel for Brian Rammelsberg
Kara Bullerman, counsel for City of Atkins
The Iowa Public Information Board
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In re the Matter of: Brian Rammelsberg, Complainant And Concerning: Atkins City Council, Respondent |
Case Number: 16FC:0089 Final Order |
This matter comes before the Iowa Public Information Board (IPIB) this 16th day of November, 2017, to consider a Probable Cause report filed on November 9, 2017.
The Probable Cause Report recommends that the IPIB determine that probable cause does exist to believe that the Atkins City Council violated Iowa Code chapter 21, but, as an exercise of administrative discretion, dismiss the complaint pursuant to Iowa Administrative rule 497-2.2(4)(c), as the City completed appropriate remediation and resolution of the deficiencies..
The IPIB has determined that there is Probable Cause to believe that the Atkins City Council has violated Iowa Code chapter 21, but that it is appropriate to exercise administrative discretion and dismiss the complaint.
Pursuant to Iowa Administrative Rule 497-2.2(4)(c) the IPIB adopts the findings and recommendations of the Probable Cause report and dismisses this complaint.
So ordered this 16th day of November, 2017.
_____________________________________
IPIB Chair
Cc: IPIB
Jennifer Zahradnik, counsel for Brian Rammelsberg
Kara Bullerman, counsel for City of Atkins