Date:
12/13/2018
Subject:
Michele Anderson/City of Montour - Report & Final Order
Opinion:
Before the Iowa Public Information Board
|
In the Matter of: Michele Anderson, Complainant And Concerning: City of Montour, Respondent. |
Case Number: 18 FC: 0082 REPORT |
COMES NOW Amanda T. Adams, Legal Counsel for the Iowa Public Information Board (IPIB), and submits this Report recommending dismissal of the formal complaint as successfully completed.
On September 22, 2018, Michele Anderson filed a formal complaint against the City of Montour (City) alleging a violation of Iowa Code Chapter 21. The complainant alleged that the City violated Chapter 21 of the Iowa Code by conducting an improper closed session.
Ms. Anderson alleged 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.
The Iowa Public Information Board (IPIB) accepted the formal complaint on October 18, 2018. Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution.
The parties agreed to the following terms:
- The City will acknowledge that a closed session was called on August 6, 2018, to discuss items not placed on the agenda.
- The City will acknowledge at a city council meeting that an agenda and notice must include all items, including closed sessions, for a permissible purpose under Chapter 21.5, for deliberation and action, and be given in a manner reasonably calculated to apprise the public of that information. Such notice must be given at least twenty four (24) hours in advance.
- The City will approve this informal resolution at an open meeting and include it in the minutes for that meeting.
- The City will provide newly elected officials and city employees responsible for records with copies of the Sunshine Laws Power Point slides in print form at http://www.ipib.iowa.gov/training to avoid future misunderstandings about the requirements for open records and meetings laws.
- The City shall conduct training for all council members and other city officials on Iowa Code Chapters 21 and 22 (Sunshine Laws). The City may utilize the PowerPoint training available on the IPIB website or schedule training through the League of Cities. This can be found at http://www.ipib.iowa.gov/training.
The terms of informal resolution required completion within 60 days of acceptance by all parties. The Informal Resolution was approved by the IPIB on November 15, 2018. Upon showing proof of compliance, the IPIB agreed to dismiss the complaint as successfully resolved.
The terms were completed on November 5, 2018. Proof of completion was provided to the IPIB from the November 5, 2018, minutes of the City of Montour. The minutes reflect the Power Point Sunshine Law training was completed at the Council Meeting by Mike Marquess. The same minutes reflect resolutions acknowledging the actions on August 6, 2018. The information showing proof of compliance was faxed to the IPIB’s office on December 10, 2018.
According to the informal resolution, the complaint should now be dismissed.
Therefore, it is recommended that the IPIB dismiss this complaint as successfully completed.
By the IPIB Legal Counsel.
___________________________
Amanda T. Adams, J.D.
Dated this _______ day of December, 2018.
CERTIFICATE OF SERVICE
This document was sent by electronic and/or regular mail on the _______ day of December, 2018 to:
Michele Anderson (email)
Christian Stickrod (City Attorney for Montour, Iowa)
Luther Heller (email), Mayor of Montour, Iowa
Before the Iowa Public Information Board
|
In the Matter of: Michele Anderson, Complainant And Concerning: City of Montour, Respondent. |
Case Number: 18 FC: 0082 Case Dismissal |
This matter comes before the Iowa Public Information Board (IPIB) this 13th day of December, 2018, to consider Dismissal upon proof of compliance with the Informal Resolution.
The IPIB accepted the complaint against the City of Montour, and the parties reached an Informal Resolution Agreement on November 2, 2018, when both parties signed a written proposal.
The Board reviewed the settlement proposal and approved it pursuant to Iowa Administrative Rule 497-2.4 (3) on November 15, 2018. It provided that the complaint would be dismissed upon completion of the terms.
The November 5, 2018 minutes from the City of Montour demonstrate the terms of the Informal Resolution have now been performed.
This case is therefore dismissed with satisfactory completion.
_______________________________
IPIB Chair
CERTIFICATE OF SERVICE
This document was sent by electronic mail on the ____________ day of December, 2018, to:
Michele Anderson, Complainant
Christian Stickrod, Counsel for the City of Montour
Luther Heller, Mayor of Montour