17FC:0054

Date:
11/16/2017

Subject:
Jason Smith/City of Fruitland - Dismissal Order

Opinion:

The Iowa Public Information Board

COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
 

On July 18, 2017, Jason Smith filed formal complaint 17FC:0054 against the City of Fruitland (City).  In the complaint, he alleged that the City violated Iowa Code chapter 21 when a majority/quorum of the City council members (three) met privately prior to a properly noticed council meeting and engaged in conversations outside the open meeting.
 

A witness on his behalf confirmed that he observed the three members engaging in a conversation privately just before the July 11, 2017, council meeting.
 

In response to the complaint, another person present at the meeting confirmed that the three council members met privately prior to the meeting, but that only two members met at a time to avoid creating a quorum.
 

On August 22, 2017, the City filed a formal response through the city attorney.  The response stated that there were three council members present at that meeting.  One of the agenda items was to appoint a new mayor due to the resignation of the mayor.  He reported that one of the council members present did speak privately with each of the other council members prior to the meeting, but all three did not meet at the same time.  The members were discussing who wanted to be appointed mayor.  
 

No reason was given as to why the conversation about selecting the new mayor could not have occurred in open session, as the topic was on the agenda.  
 

As part of the initial review, copies of the July 11, 2017, agenda and minutes were obtained from the City website.  Upon review of these records, as well as the records from an August meeting, it is apparent that there are irregularities in City compliance with Chapter 21 of the Iowa Code.  The City could benefit from training on open meetings.
 

These irregularities in the agenda and minutes were presented to counsel for the City.  The city clerk and deputy clerk completed training on November 6, 2017, utilizing the materials provided by the IPIB.  The city attorney plans training for the newly-elected city council in the next month.
 

Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint.  The complaint itself is not legally sufficient.  The agenda and minutes irregularities were noted as a result of the IPIB investigation.  These irregularities do appear to meet those requirements, however, the City has acknowledged the irregularities and acted to resolve the problem.  
 

IT IS SO ORDERED:  Formal complaint 17FC:0054 is 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 November 16, 2017.  Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.

By the IPIB Executive Director
 

_________________________________

Margaret E. Johnson

Dated this ____ day of _________, 2017.

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of ________, to:

IPIB

Jason Smith

City of Fruitland (city office and city attorney)