18FC:0048 A.J. Spiegel/Peosta City Council - Dismissal Order

Date:
07/19/2018

Subject:
A.J. Spiegel/Peosta City Council - 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 June 12, 2018, A.J. Spiegel filed complaint number 18FC:0048, alleging that the Peosta City Council (Council) violated Iowa Code chapter 21 following a Council meeting on May 8, 2018.

Mr. Spiegel alleged that following the May 8, 2018, meeting, he observed three of the five councilmembers talking together outside the Peosta City Hall.  

During the May 22, 2018, Council meeting, Mr. Spiegel raised his concerns about the three gathering outside a properly noticed meeting during the public comment period of the meeting.  He tried to discuss the matter publicly with the three councilmembers. He was informed that the members did not gather outside the open meeting to discuss city business.

At the May 22, 2018, meeting, the Council arranged to hold a meeting on May 31, 2018, to discuss a resolution about employee wages.  Prior to that meeting, the three members each notified the city that each one was unable to attend that meeting. Mr. Spiegel cites this as evidence that the three regularly collude to avoid government transparency and Chapter 21.

The city attorney responded to the complaint on July 10, 2018.  In this response, he stated that the three named members did gather outside City Hall on May 8, 2018, in the parking lot prior to entering their vehicles.  He interviewed each member and reported that the discussion involved “the fact of open heart surgery for a former Mayor, an almost simultaneous surgery for his wife at the Mayo Clinic, and the fact that a wake for a neighbor was being held a few blocks away.”

He further stated that “several passersby did join the conversation for a time...The subject matter was purely social and the exercise of these individuals’ free speech rights.”  He referenced the definition of a meeting in Iowa Code section 21.2(2) which reads:

2. “Meeting” means a gathering in person or by electronic means, formal or informal, of a majority of the members of a governmental body where there is deliberation or action upon any matter within the scope of the governmental body’s policy-making duties. Meetings shall not include 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.  (Emphasis added.)

According to the city attorney, two members were going to be out of town for the May 31, 2018, meeting.  The third member decided not to attend because in her opinion there was insufficient opportunity for adequate discussion of the employee wages issue.

Chapter 21 does not address meeting attendance by members of a governmental body.  The decisions not to attend the May 31, 2018, meeting do not violate Chapter 21.

Mr. Spiegel, through counsel, replied to the City’s response on July 12, 2018.  In that reply his attorney noted that Mr. Spiegel does not know the exact nature of the parking lot conversation.  However, he rightly observed that such a gathering “leads citizens to believe that city policy matters are being deliberated and decided privately.”  

The filing of this complaint has provided an opportunity for this Council to consider its responsibilities under Iowa Code chapter 21 to provide open and transparent government and to avoid situations that could lead to speculation that these responsibilities are not being met.

However, speculation that open meetings laws are being violated by the Council is not sufficient to accept this complaint.

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 does not fulfill those requirements.

IT IS SO ORDERED:  Formal complaint 17FC:0062 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 July 19, 2018. 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 _______, 2018.

Cc:  A.J. Spiegel (individually and through counsel)

       Steve Weidner, city attorney for the City of Peosta