Date:
07/20/2017
Subject:
Goetz and Zimmerline/ City of Fontanelle - Consolidate and Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Dianna Goetz and Jay Zimmerline, Complainants And Concerning: City of Fontanelle, Respondents |
Case Numbers: 17FC:0037 (Goetz) and 17FC:0039 (Zimmerline) ORDER TO CONSOLIDATE AND DISMISS |
COMES NOW, Margaret E. Johnson, Interim Executive Director for the Iowa Public Information Board (IPIB), and enters this Order to Consolidate and Dismiss.
On May 11, 2017, Dianna Goetz filed formal complaint 17FC:0037, alleging that the City of Fontanelle (City) violated Iowa Code chapter 21 on May 8, 2017. On May 14, 2017, Jay Zimmerline filed formal complaint 17FC:0039, alleging the same violation on May 8, 2017. Because both complaints refer to the same event, the complaints have been consolidated.
Both complaints allege that following the open council meeting on May 8, 2017, three members of the five member city council remained in the council chambers, along with the Mayor and several citizens. Both complainants were present and engaged in conversations with the Mayor and at least one city council member.
Mr. Zimmerman’s complaint alleges that the gathering was illegal because not all of the council members were present. This is not a violation of Iowa Code chapter 21.
The city attorney was not present. When contacted, he interviewed each of the city council members present, as well as the Mayor. They each confirmed that three council members and the Mayor were there and engaging in various conversations with citizens. However, there is no evidence that a majority of the council members (three) were engaged in deliberation or took action during any of the conversations.
There appeared to be five separate conversations that took place, with no more than two council members engaged in conversation at any time. There was also no information presented to suggest that anyone was discussing council business. One conversation centered around scheduling a finance meeting. Another conversation was between Ms. Goetz and the Mayor, Apparently there was some general discussion over the health of a city resident whose trees were approved for removal by the City during the council meeting.
Following the meeting, the Mayor and council members often remain to move the tables and chairs and engage in general clean-up.
As a governmental body, the City must take great care to ensure that a majority does not gather together outside a posted, open meeting. While Iowa Code section 21.2(2) exempts a “gathering of members of a governmental body for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of this chapter,” the Iowa Court of Appeals has warned that this is not the best practice. “Even absent any intention to deliberate, such discussions could arise effortlessly. We believe the board’s decision to review the draft in this fashion was a poor one.” See Iowa Court of Appeals unpublished decision Dooley v. Johnson County Board of Supervisors, No. 08-0195, Dec. 17, 2008.
Likewise, the council members’ decision to remain after a meeting can lead to concerns about violations of open meetings laws and to general distrust. It would be much prefered if the City arranged for less than a majority to remain after a meeting for cleanup.
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. This complaint is within the jurisdiction of the IPIB. However, the complaint is legally insufficient.
IT IS SO ORDERED: Formal complaints 17FC:0037 and 17FC:0039 are dismissed as legally insufficient 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 July 20, 2017. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of the decision.
By the IPIB Interim Executive Director
_________________________________
Margaret E. Johnson
Dated this ___ day of ______, 2017.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of ____, 2017, to:
IPIB
Dianna Goetz
Jay Zimmerline
Clint Hight, attorney for the City of Fontanelle