Date:
07/20/2017
Subject:
Brian VanCleave/Blakesburg City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Brian L. Van Cleave, Complainant And Concerning: Blakesburg City Council, Respondent |
Case Number: 17FC:0038
DISMISSAL ORDER
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COMES NOW, Margaret E. Johnson, Interim Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Brian Van Cleave filed formal complaint 17FC:0038 on May 12, 2017. In his complaint, he alleges that the Blakesburg City Council (Council) violated Iowa Code chapter 21. He states that on May 8, 2017, the Mayor pro tem, who is also a councilman, called for a motion to change the agenda to approve the city budget. He further states that the Council was well aware of the need to approve the city budget and should have placed that on the agenda that was posted prior to the meeting.
The posted notice reads āAnnual Financial Reportā and āSet Date for Budget Hearingā as two separate agenda items and does not mention any action to approve the budget. By waiting until the beginning of the meeting to amend the agenda, the Council did not provide adequate public notice of at least 24 hours, violating Iowa Code section 21.4.
The city attorney responded to the complaint. In her response, she states that the previous mayor and the city clerk had recently resigned. The Council has had difficulties preparing the annual financial report as a result. She agrees that the agenda was amended to include Council approval of the city budget, but notes that the complainant, as well as other individuals, was present at the meeting. She states that because this has been an ongoing issue, citizens were aware of the need to have this on the agenda.
After the agenda was amended and the city budget approved, the Council set a public hearing on May 29, 2017, to allow citizens to express concerns and ask questions of the Council on the budget issue. She claims that the approval vote by the Council was to facilitate this process.
The city attorney also states that the Council does not have the authority to adopt the budget until after a public hearing is held under Iowa law (Iowa Code section 384.16) and must then adopt the budget by resolution. She argues that the error is harmless, as the amendment of the agenda did not impact the statutory budget process.
The formal budget hearing was held on May 29, 2017, as scheduled. According to the city attorney, one resident commented on the budget. Following the hearing, the budget was adopted by resolution.
Mr. Van Cleave was asked if he had additional comments or concerns. He replied that he has had concerns about the budget and financial actions of the Council. He also reported that a registered letter sent by someone to the Mayor was returned with āGet a Lifeā written on it and that he has been called a ātroublemaker.ā The audit may provide some resolution to the underlying financial and budget issues when it is completed.
Iowa Code section 23.8 requires that a complaint be within the IPIBās jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. Although the agenda could have been more informative for the May 8, 2017, meeting, the Councilās actions are harmless error.
IT IS SO ORDERED: Formal complaint 17FC:0038 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 ādelegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.ā The IPIB will review this Order on July 20, 2017, and make its decision. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Interim Executive Director
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Margaret E. Johnson
Dated this ____ day of ____, 2017.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ____ day of ____, 2017, to:
Brian L. Van Cleave
Gayla Harrison, city attorney