Date:
09/20/2018
Subject:
Jonathan Miner/Waterloo City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Jonathan Miner, Complainant And Concerning: Waterloo City Council, Respondent |
Case Number: 18FC:0074 Order for Dismissal |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Order to Dismiss.
Jonathan Miner filed complaint 18FC:0074 with the IPIB on September 5, 2018. He alleged that the Waterloo City Council (Council) violated Iowa Code chapter 21 by holding a secret meeting on September 4, 2018. As part of the complaint, he provided a recording of the meeting.
The recording showed the Council recessed during the meeting on that date. During the recess, the Mayor left the meeting with the Chief of Police. The City Attorney joined them. Council members did not.
Chapter 21 provides the rules for conducting open meetings. This chapter applies to any group that can be defined as a ‘governmental body’ in Iowa Code section 21.2(1):
1. “Governmental body” means:
a. A board, council, commission, or other governing body expressly created by the statutes of this state or by executive order.
b. A board, council, commission, or other governing body of a political subdivision or tax-supported district in this state.
c. A multimembered body formally and directly created by one or more boards, councils, commissions, or other governing bodies subject to paragraphs “a” and “b” of this subsection.
d. Those multimembered bodies to which the state board of regents or a president of a university has delegated the responsibility for the management and control of the intercollegiate athletic programs at the state universities.
e. An advisory board, advisory commission, or task force created by the governor or the general assembly to develop and make recommendations on public policy issues.
f. A nonprofit corporation other than a fair conducting a fair event as provided in chapter 174, whose facilities or indebtedness are supported in whole or in part with property tax revenue and which is licensed to conduct pari-mutuel wagering pursuant to chapter 99D or a nonprofit corporation which is a successor to the nonprofit corporation which built the facility.
g. A nonprofit corporation licensed to conduct gambling games pursuant to chapter 99F.
h. An advisory board, advisory commission, advisory committee, task force, or other body created by statute or executive order of this state or created by an executive order of a political subdivision of this state to develop and make recommendations on public policy issues.
i. The governing body of a drainage or levee district as provided in chapter 468, including a board as defined in section 468.3, regardless of how the district is organized.
j. An advisory board, advisory commission, advisory committee, task force, or other body created by an entity organized under chapter 28E, or by the administrator or joint board specified in a chapter 28E agreement, to develop and make recommendations on public policy issues.
The individuals who left the meeting do not meet the definition of a governmental body. The governmental body, in this scenario, is the Council. A majority of the Council would have needed to be present with the Mayor for there to be a meeting as defined in Iowa Code section 21.2(2).
Mr. Miner also mentions that the Mayor may have violated open meetings laws when calling a recess. This is not a violation of Iowa Code chapter 21.
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. This complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 18FC:0074 is dismissed as legally insufficient and without merit 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 September 20, 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, J.D.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of September, 2018, to:
Jonathan Miner
David Zellhoefer, city attorney