Date:
01/28/2019
Subject:
Jeena Lynch/City of Independence - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Jeena Lynch, Complainant And Concerning: City of Independence, Respondent |
Case Number: 18FC:0106
Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On November 13, 2018, Jeena Lynch filed formal complaint 18FC:0106 against the City of Independence (City). She alleged that the City violated Iowa Code chapters 21 and 22.
She reported that on October 22, 2018, the city council voted to enter a closed session pursuant to Iowa Code section 21.5(1)(c), to consult with counsel concerning “matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the government body in that litigation.”
Legal counsel for the City was present and announced the reason for the closed session. On October 23, 2018, Ms. Lynch made a request for a written record of the statement made by legal counsel. Ms. Lynch is the city clerk and was excluded from the meeting. She was present when the statement was made.
The city, through legal counsel, responded on October 29, 2018, that the only records responsive to her request were “the detailed minutes and audio recording. Pursuant to Iowa Code Section 21.5(5), these records are confidential and not public records open to public inspection.”
The City’s legal counsel filed a written response, with exhibits, to the complaint. The response stated that the minutes of the October 22, 2018, open meeting were taken by Ms. Lynch and properly reflect the action required to enter into both closed sessions. Both closed sessions were also properly included on the meeting agenda. Except for the closed sessions, the minutes are available as public records.
Iowa Code section 21.7 allows a governmental body to establish reasonable rules for the conduct of its meetings. The IPIB issued an advisory opinion, IPIB AO 2015-03, which states that the governmental body can select who may attend a closed session:
“As Iowa Code section 21.5 is silent as to who may be invited to attend a closed session, we are of the opinion that it is at the discretion of the governing body as to who it may invite to attend. This Board lacks the authority to read into the statute a laundry list of who can be invited to attend a closed session and who cannot. Such a determination would require an amendment to the statute by the legislative branch or an interpretation of the statute by the judicial branch.”
Therefore, since the closed session was properly noticed and properly described in the minutes, and since the governmental body could determine who would attend the closed sessions, there is insufficient evidence to believe that there is a violation of chapter 21.
Ms. Lynch also included in her complaint the allegation that her record request for a written statement from the city attorney was not fulfilled. As noted in the email communication between the city clerk and the city attorney on October 29, 2018, Ms. Lynch had the requested statement from the open session. The closed session minutes were properly sealed and not considered a public record subject to release. There is no evidence of a violation of chapter 22.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint does not fulfill those requirements.
IT IS SO ORDERED: Formal complaint 18FC:0106 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 January 28, 2019. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson, J.D.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of January, 2019, to:
Jeena Lynch
Emily Ellingson, legal counsel