18FC:0082 Michele Anderson/City of Montour - Acceptance Order

Topics:

Formal Complaints

Date:
10/18/2018

Subject:
Michele Anderson/City of Montour - Acceptance Order

Opinion:

The Iowa Public Information Board

In re the Matter of:

Michele Anderson, Complainant

And Concerning:

City of Montour, Respondent

  

                          Case Number: 18FC:0082

 

                                Acceptance Order

COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.


Michele Anderson filed formal complaint 18FC:0082 on September 22, 2018, alleging that the City of Montour (City) violated Chapter 21 of the Iowa Code (open meetings) by conducting an improper closed session.

Ms. Anderson alleged that on August 6, 2018, the City went into a closed session without such notice on the agenda, without announcing the reason for the closed session, and without conducting a vote.  A review of the video recording of that meeting confirms these allegations.


Iowa Code section 21.4(a) requires that proper notice and a proper agenda be prepared for a meeting of a governmental body.  Section 21.5(1) lists the requirements for conducting a closed session and requires a two-thirds affirmative public vote to enter into a closed session.  Section 21.5(2) requires the vote of each member on the question of whether to hold the closed session and the specific reason to be publicly announced and entered into the minutes.

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 meets those requirements.


IT IS SO ORDERED:  Formal complaint 18FC:0082 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a).  Parties are directed to engage in reaching an informal resolution, with the assistance of IPIB staff, pursuant to Iowa Code section 23.9.

Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may β€œdelegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.”  The IPIB will review this Order on October 18, 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 October, 2018, to:

 

Michele Anderson

Michael Marquess