Date:
10/17/2019
Subject:
Jared Greiner/Richland City Council - Probable Cause Report and Final Order
Opinion:
Before The Iowa Public Information Board
|
In re the Matter of: Jarad Greiner, Complainant And Concerning: Richland City Council, Respondent |
Case Number: 18FC:0068 Probable Cause Report |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits the Probable Cause Report from the IPIB Administrator, Brett Toresdahl (Exhibit A).
The IPIB has several options upon receipt of a probable cause report. According to Iowa Administrative Rule 497 - 2.2(4):
“Board 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; or
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”.
Since the Richland City Council has successfully completed an appropriate remediation plan, it is recommended that the IPIB make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss this matter, pursuant to Iowa Administrative Rule 497 - 2.2(4)(c).
Respectfully submitted this 17th day of October, 2019, by
_________________________________
Margaret E. Johnson, J.D.
Executive Director
CERTIFICATE OF MAILING
This document was sent by electronic and/or regular mail on the ___ day of October, 2019, to:
Jarad Greiner
Richland City Council
Probable Cause Report
Prepared by Brett Toresdahl, Administrator
Iowa Public Information Board
Background Information
On August 15, 2018, Jared Greiner filed formal complaint 18FC:0068. He alleged that the Richland City Council (Council) violated Iowa Code chapter 21 when the Council entered into a closed session to discuss personnel matters.
Mr. Greiner alleged that on July 6, 2018, the Council conducted the closed session to meet with a city employee. The employee did not want the closed session.
The city attorney investigated the allegations and determined that a closed session was not on the agenda; that there was not a proper reason announced or vote taken to enter a closed session; and that nothing was reported on the minutes about the closed session. These are all violations of Iowa Code section 21.5.
The Iowa Public Information Board (IPIB) accepted the formal complaint on October 18, 2018, as to the violation of Iowa Code section 21.4(1)(a) with the omission of an item on the July 6, 2018, agenda and 21.5, violation of closed session.
Parties were directed to work with IPIB staff to reach an informal resolution pursuant to Iowa Code section 23.9. IPIB staff provided a draft resolution to Mr. Greiner and to the Council. The Council approved and signed the informal resolution at their December 3, 2018 meeting. Staff was unable to reach an agreement with Mr. Greiner.
The terms of the informal resolution were:
- The Council will acknowledge that the described actions occurred.
- The Council will acknowledge that the agenda for the July 6, 2018, meeting was defective because the agenda did not list the possibility of going into closed session or the reason for a closed session and will acknowledge the closed session was held without it being requested by the employee.
- The Council or City Clerk shall develop a checklist for holding a closed session.
- The Council shall conduct training for all Council members on Iowa Code chapters 21 and 22 (Sunshine Laws). The Council may utilize the powerpoint training available on the IPIB website. The City Attorney or designee may conduct the training.
- The Council 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.
Since the Council was agreeable to the terms, IPIB staff asked them to go ahead and comply with the terms. Items #1, 2, and 5 were completed on December 3, 2018. Items #3 and 4 (training) were completed on October 7, 2019. Terms have been successfully met.
An informal resolution was not reached in this complaint. The Richland City Council has provided appropriate documentation of compliance with terms they agreed to.
The Iowa Public Information Board
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In re the Matter of: Jared Greiner, Complainant And Concerning: Richland City Council, Respondent |
Case Number: 18FC:0068 Probable Cause Order |
This matter comes before the Iowa Public Information Board (IPIB) this 17th day of October, 2019, to consider a Probable Cause Report.
The Probable Cause Report recommends that the IPIB determine that probable cause does exist to believe that the Richland City Council violated Iowa Code chapter 21.
The Probable Cause Report also indicates that the Richland City Council successfully completed an appropriate remediation plan.
The IPIB finds that there is probable cause to believe that the Richland City Council violated Iowa Code chapter 21 and that the Richland City Council completed an appropriate remediation plan. Therefore, the IPIB further finds that it is appropriate to dismiss this complaint as an exercise of administrative discretion.
Pursuant to Iowa Administrative Rule 497-2.2(4)(c) the IPIB adopts the findings of the Probable Cause Report, enters a finding of probable cause, and dismisses this complaint as an exercise of administrative discretion.
So ordered this 17th day of October, 2019.
_____________________________________
IPIB Chair
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of October, 2019, to:
Jared Greiner
Richland City Council