Date:
01/18/2018
Subject:
Ernie Abell and Rodney Meinke/Arispe City Council - Probable Cause Report & Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Ernie Abell and Rodney Meinke, Complainants And Concerning: Arispe City Council, Respondent |
Case Numbers: 17FC:0068 (Abell) and 17FC:0069 (Meinke)
Probable Cause Report |
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits this probable cause report:
On October 1, 2017, Ernie Abell filed formal complaint 17FC:0068, alleging that the Arispe City Council (Council) violated Iowa Code chapter 21. He alleged that the Council held a public hearing on September 25, 2017. At the conclusion of this hearing, a separate meeting was convened. There was no notice or agenda for the second meeting. Although a quorum was not present, the Council members contacted another member by telephone and took final action on an issue. The minutes from this meeting confirm this allegation.
On October 2, 2017, Rodney Meinke filed formal complaint 17FC:0069, also alleging that the Arispe City Council (Council) violated Iowa Code chapter 21. He alleged that the Council violated Iowa Code sections 21.3, 21.4, 21.8(a), and 21.8(c) based upon the factual situation in Ernie Abellβs complaint.
Preliminary review of the activities on September 25, 2017, confirmed that there was no notice of the second meeting after the hearing and no agenda.
There was insufficient information to establish that the Council held an electronic meeting, as it appeared that the majority of the members who participated in the meeting met in person.
Both complaints alleged similar violations about one meeting and were consolidated by the IPIB.
It appeared that the procedures and policies of the Council were deficient and outdated. The IPIB accepted the complaints on October 19, 2017, to assist with training for the Council in coordination with the League of Cities. Pursuant to Iowa Code section 23.9, IPIB staff engaged in efforts to reach an informal resolution of the complaints.
The complainants initially requested that the IPIB assist the Council with training and levy fines against the Council members. An informal resolution was proposed to provide the training. The Council agreed to arrange the training with the assistance of the League of Cities. That training was presented on November 20, 2017.
All council members, as well as the Mayor and city clerk, participated in the training. The League of Cities provided a copy of the curriculum used for the training. The Council approved and signed the proposed informal resolution.
The two complainants have declined to sign the informal resolution. Both express doubt that the Council and city officials will properly follow Iowa Code chapters 21 and 22. However, if there is a future violation by this same Council, there can be enhanced penalties and sanctions for such a violation.
IPIB Action
The IPIB has several options upon receipt of a probable cause report. According to Iowa Administrative Rule 497 - 2.2(4):
βBoard 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.β
Recommendation
I recommend that the IPIB find that there is probable cause to believe a violation has occurred, but dismiss both complaints as an exercise of administrative discretion pursuant to Iowa Administrative Rule 497-2.2(4)(c).
Although the violations appear to have occurred, the Council cooperated with the IPIB in reaching an appropriate informal resolution pursuant to Iowa Code section 23.9. There is nothing further to be gained by proceeding forward with a contested case filing.
Respectfully submitted this ___ day of January, 2018.
____________________________
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 January, 2018, to:
Rodney Meinke
Ernie Abell
City of Arispe
_____________________________
The Iowa Public Information Board
|
In re the Matter of: Ernie Abell and Rodney Meinke, Complainants And Concerning: Arispe City Council, Respondent |
Case Numbers: 17FC:0068 (Abell) and 17FC:0069 (Meinke)
Probable Cause Order |
This matter comes before the Iowa Public Information Board (IPIB) this 18th day of January, 2018, to consider a Probable Cause report.
The Probable Cause Report recommends that the IPIB determine that probable cause does exist to believe that the Arispe City Council violated Iowa Code chapter 21 and that the City Council has completed appropriate remediation.
The IPIB has determined that there is Probable Cause to believe that the Arispe City Council violated Iowa Code chapter 21, but, as an exercise of administrative discretion, dismisses the complaint pursuant to Iowa Administrative Rule 497-2.2(4)(c).
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 18th day of January, 2018.
_____________________________________
IPIB Chair
Cc: Rodney Meinke
Ernie Abell
City of Arispe