Date:
03/15/2018
Subject:
Sam Cain/City of Sheffield - Final Report & Order
Opinion:
Before The Iowa Public Information Board
|
In re the Matter of: Sam Cain, Complainant And Concerning: City of Sheffield, Respondent |
Case Number: 17FC:0088 Final Report |
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits this Final Report, recommending dismissal of this complaint as resolved:
On December 1, 2017, Sam Cain filed formal complaint 17FC:0088, concerning the City of Sheffield (City). He alleged that the City violated Iowa Code chapter 21 by conducting an unlawful meeting on November 27, 2017. Mr. Cain is the police chief for the City. He attended the November 27, 2017, meeting, during which the City council held a closed session pursuant to Iowa Code section 21.5(1)(i). Following the closed session, the council approved disciplinary action concerning him. He was not asked to agree to the closed session or invited to attend it.
The November 27, 2017, agenda noted that a closed session would be conducted pursuant to Iowa Code section 21.5(1)(i): “To evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session.”
The minutes for the meeting indicate that the closed session was requested by the City clerk. However, the formal action after the closed session was directed toward Mr. Cain’s competency or performance.
In addition, the minutes of this meeting do not indicate the necessary vote to hold a closed session. Iowa Code section 21.5(2) requires a public announcement of the reason for the closed session, as well as the vote of each member. This information is also required to be entered into the minutes.
This code section prohibits any discussion during the closed session other than the stated reason for holding the closed session. Because of the final action taken after the closed session, it appears that Mr. Cain’s competency may have been discussed.
The minutes also note that the agenda was modified at the meeting with no record of what that amendment was.
The IPIB accepted the complaint on January 18, 2018. Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution.
The parties agreed to the following terms:
1. The City shall conduct training for all council members and the city clerk on Iowa Code chapters 21 and 22 (Sunshine Laws). The City will utilize the powerpoint training available on the IPIB website.
2. The City shall develop a checklist form to ensure future compliance with the statutory requirements of Iowa Code section 21.5 and shall provide a copy of the checklist to the IPIB staff.
3. The City shall approve this resolution during an open meeting and include the full text in the minutes of said meeting. Said minutes shall be provided to the IPIB.
The terms of the informal resolution also indicated that upon showing proof of compliance, the IPIB would dismiss this complaint as successfully resolved.
The proposed informal resolution was circulated to the parties on January 25, 2018. On February 12, 2018, the City met and completed all terms of the proposed resolution. Mr. Cain was notified of this completion on February 16, 2018. He agreed to closure of this complaint pursuant to the terms of the informal resolution telephonically on February 28, 2018.
The resolution was not signed and returned for the IPIB to approve during a meeting, however, all parties are satisfied with the resolution of this complaint. Therefore, I recommend that the IPIB accept the informal resolution, find that there has been compliance with the terms, and dismiss this complaint as resolved.
RESPECTFULLY SUBMITTED this _____ day of March, 2018:
_____________________________
Margaret E. Johnson, J.D.
Executive Director
Iowa Public Information Board
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of March, 2018, to:
Sam Cain
Sheffield City Council, Katy Flint, clerk
The Iowa Public Information Board
|
In re the Matter of: Sam Cain, Complainant And Concerning: City of Sheffield, Respondent |
Case Number: 17FC:0088 FINAL ORDER |
THIS MATTER comes before the Iowa Public Information Board (IPIB) for review of the Final Report recommending dismissal of the complaint as resolved.
On December 1, 2017, Sam Cain filed formal complaint 17FC:0088, concerning the City of Sheffield (City). He alleged that the City violated Iowa Code chapter 21 by conducting an unlawful meeting on November 27, 2017.
The IPIB accepted the complaint on January 18, 2018. Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution.
The parties agreed to the following terms:
1. The City shall conduct training for all council members and the city clerk on Iowa Code chapters 21 and 22 (Sunshine Laws). The City will utilize the powerpoint training available on the IPIB website.
2. The City shall develop a checklist form to ensure future compliance with the statutory requirements of Iowa Code section 21.5 and shall provide a copy of the checklist to the IPIB staff.
3. The City shall approve this resolution during an open meeting and include the full text in the minutes of said meeting. Said minutes shall be provided to the IPIB.
The terms of the informal resolution also indicated that upon showing proof of compliance, the IPIB would dismiss this complaint as successfully resolved.
The proposed informal resolution was circulated to the parties on January 25, 2018. On February 12, 2018, the City met and completed all terms of the proposed resolution. Mr. Cain was notified of this completion on February 16, 2018. He agreed to closure of this complaint pursuant to the terms of the informal resolution telephonically on February 28, 2018.
The resolution was not signed and returned for the IPIB to approve during a meeting, however, all parties are satisfied with the resolution of this complaint. The Final Report recommends that the IPIB accept the informal resolution, find that there has been compliance with the terms, and dismiss this complaint as resolved.
The IPIB finds that terms of the Informal Resolution are appropriate, have been completed successfully, and have resolved the complaint upon completion.
IT IS THEREFORE ORDERED that the IPIB adopts the findings and recommendations of the Final Report and dismisses this complaint as successfully resolved.
SO ORDERED this __________ day of March, 2018.
_________________________________
IPIB chair
Cc: Sam Cain
Sheffield City Council, Katy Flint, clerk