Date:
11/15/2018
Subject:
Craig Arterburn/City of Mitchellville - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Craig Arterburn, Complainant And Concerning: City of Mitchellville, Respondent |
Case Number: 18FC:0077 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Craig Arterburn filed formal complaint 18FC:0077 on September 17, 2018. He alleged that the City of Mitchellville (City) violated Iowa Code chapter 21 when a quorum of the Board members gathered on September 13, 2018, outside a council meeting and without proper notice and agenda.
Mr. Arterburn alleged that three council members and the mayor met to discuss and decide that a previous vote should be reviewed and rescinded. Following this alleged meeting, the previous decision was rescinded at an open meeting. Mr. Arterburn alleged that this was not the first time this group has met to determine how they would vote at an open meeting. He alleged that a similar meeting occurred in August, but did not have additional information about this meeting.
Three council members constitute a majority of the City’s council members.
The city administrator responded to the complaint and provided copies of the agendas and minutes of the questioned meetings. She also provided comments from the named city council members and the mayor.
The three named members and the mayor all provided written comments disputing the allegations of the complaint. All commented that there have been times that one council member might contact another council member, or the mayor, or a city employee to discuss a city issue. However, they all agreed that at no time has a majority of council members met outside a council meeting to discuss council business.
Their outline of events was that one council member met with another council member on September 13, 2018, concerning the reinstatement of the consultant who had been previously fired at a council meeting. These two council members then requested that the city clerk add this item to the next agenda.
That same day, the mayor discussed this issue with one of these council members. He also indicated that he knew the city consultant was going to speak to city council members individually to request a reconsideration of the earlier action.
The third named council members denied meeting with the two other council members, stating, “At no time have I held a meeting with two other Council Members outside of city hall.”
There is insufficient information to sustain an allegation that a majority of the council members met on September 13, 2018.
A review of the agendas and minutes did not provide any evidence of a meeting as defined by Iowa Code section 21.2(2) occurring outside proper open meetings. Iowa Code section 21.2(2) states:
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.
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:0077 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 November 15, 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 November, 2018, to:
Craig Arterburn
City of Mitchellville, Tammi Dillavou, city administrator