Date:
05/22/2017
Subject:
Randy Evans / City of West Des Moines - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Randy Evans, Complainant And Concerning: City of West Des Moines, Respondent |
Case Number: 17FC:0021 AMENDED DISMISSAL ORDER |
COMES NOW, Margaret E. Johnson, Interim Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On March 17, 2017, Randy Evans filed a formal complaint against the City of West Des Moines (City), alleging that the City violated Iowa Code chapter 21. Specifically, he alleged that the City violated Iowa Code when the city manager called members one by one on the telephone to determine how the City would register on a piece of legislation pending in the Iowa Legislature.
He was not certain when this canvassing occurred, but guessed it probably occurred between February 15, and March 2, 2017. He reported that the city manager said no formal vote was taken. However, the city manager knew that the legislation had the support of four of the five members, with the fifth member not supporting the legislation.
Mr. Evans indicated that given the circumstances and the importance of this legislation, it would have been preferable to have held a special meeting, in person or electronically, to conduct the discussion and make the final decision publically.
The complaint was provided to the city attorney on March 20, 2017. On April 6, 2017, the city attorney responded. He reported that at the February 21, 2017, city council meeting, a council member had asked the city manager why the City had not registered an opinion on a pending piece of legislation.
Following that comment, the city manager contacted each council member to document each one’s opinion on the legislation. After gaining this information, the city manager notified the City’s lobbyists, and the mayor sent a letter of support on behalf of the council members.
Legal counsel noted that the City put the matter on an agenda for a public workshop on March 20, 2017, meeting (three days after this complaint was filed). On March 22, 2017, a special meeting was held by the City, at which time the council voted to change its registration on the bill.
Both parties cite the Iowa Supreme Court case, Hutchinson v. Shull, 878 N.W.2d 221 (Iowa 2016). Hutchinson involved a county administrator who contacted each member of a three member board of supervisors to develop a plan to reorganize county departments, resulting in the elimination of a number of county positions. The Iowa Supreme Court remanded the case to the district court, in part to determine whether the actions of the county administrator rose to the level of creating an agency or proxy. While one-on-one contact between staff and an elected official is not prohibited by Iowa laws, when the government administrator goes beyond seeking or departing information and instead facilitates deliberation and decision-making, government transparency suffers.
These actions, while perhaps not prohibited by Chapter 21, may arguably violate the spirit of open meetings laws as described in Iowa Code section 21.1:
“This chapter seeks to assure, through a requirement of open meetings of governmental bodies, that the basis and rationale of governmental decisions, as well as those decisions themselves, are easily accessible to the people. Ambiguity in the construction or application of this chapter should be resolved in favor of openness.”
The City did take appropriate steps to have a open meeting on the issue and hold a public forum on the issue. In addition, the City expressed a commitment to “provide direction on all future proposed state legislation only after providing for public input….”
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. Because the City modified its practice and took additional steps to hold open meetings on the contested issue, the IPIB finds that the complaint can be dismissed as harmless error.
IT IS SO ORDERED: Formal complaint 17FC:0034 is dismissed as harmless error pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.” The IPIB will review this Order on May 18, 2017, and make its final decision. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its final decision.
By the IPIB Interim Executive Director
___/ss/______________________________
Margaret E. Johnson
Dated this 18th day of May, 2017.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the 22nd day of May, 2017, to:
Randy Evans
Richard Scieszinski, attorney for the City of West Des Moines