Date:
02/21/2019
Subject:
David Briese/City of Sergeant Bluff - Informal Resolution Report and Odrer
Opinion:
Before the Iowa Public Information Board
|
In re the Matter of: David Briese, Complainant And Concerning: City of Sergeant Bluff, Respondent |
Case Number: 18FC:0125 Informal Resolution Report |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits this Report recommending adoption of the proposed informal resolution.
David Briese filed formal complaint 18FC:0125 on December 20, 2018. He alleged that the City of Sergeant Bluff (City) violated Iowa Code chapter 21 on December 14, 2018.
He alleged that the violation occurred when the city council held a meeting without posting a notice and agenda as required by Iowa Code section 21.4(1)(a). In addition, the minutes for the meeting did not meet the requirements of Iowa Code section 21.3.
Iowa Code section 21.4(1)(a) require that the notice and agenda indicate “the time, date, and place of each meeting...and the tentative agenda of the meeting….”
The notice for the December 14, 2018, meeting listed the place of the meeting as “UNDISCLOSED LOCATION.” The agenda also does not list the location of the meeting. The minutes of the meeting also do not list the location of the meeting as required by section 21.3.
The City responded that the template for the notice and agenda has a default setting for “UNDISCLOSED LOCATION” that was inadvertently not corrected.
During this meeting, the City held a closed session concerning a real estate transaction. According to the City, this real estate transaction has now been completed. Pursuant to Iowa Code section 21.5(1)(j) the minutes and the audio recording should be available for public examination.
The IPIB accepted this formal complaint on January 28, 2019, and directed IPIB staff to work with the parties to reach on informal resolution.
The parties have reached the following informal resolution:
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The City will acknowledge that the described actions occurred.
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The City will acknowledge that an agenda and notice must include “notice of the time, date, and place of each meeting including a reconvened meeting of the governmental body, and the tentative agenda of the meeting, in a manner reasonably calculated to apprise the public of that information” as required by Iowa Code section 21.4.
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The City will acknowledge that the minutes must include at a minimum “the date, time and place, the members present, and the action taken at each meeting,” as required by Iowa Code section 21.3.
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The City will ensure that all future meetings of the city council are conducted pursuant to Iowa Code chapter 21.
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The City will modify its computer template to include a default setting to the city council chambers.
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The City will make available to the public the detailed minutes and the audio recording of the closed session concerning a real estate transaction that has now been completed, as required by Iowa Code section 21.5(1)(j).
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The City will provide yearly training for city council members. This training can include the use of the training materials on the IPIB website or as provided by the League of Cities.
The terms of this informal resolution will be completed within 30 days of acceptance by all parties. Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.
Therefore, it is recommended that the IPIB approve the informal resolution, direct the IPIB Chair to sign the informal resolution on behalf of the IPIB, and set this matter for compliance review and possible dismissal at the IPIB meeting on March 21, 2019.
By the IPIB Executive Director
_________________________________
Margaret E. Johnson, J.D.
Dated this ____ day of February, 2019.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of February, 2019, to:
David Briese
Jeff Wright, attorney for the City of Sergeant Bluff
The Iowa Public Information Board
|
In re the Matter of: David Briese, Complainant And Concerning: City of Sergeant Bluff, Respondent |
Case Number: 18FC:0125 Informal Resolution Order |
THIS MATTER comes before the Iowa Public Information Board (IPIB) for acceptance of the informal resolution.
The IPIB finds that the terms of the Informal Resolution are appropriate.
IT IS THEREFORE ORDERED that the informal resolution is approved and that the IPIB chair shall sign the informal resolution. Verification of the completion of the terms is due to the IPIB within 30 days of the issuance of this order.
So ordered this 21st day of February, 2019.
__________________________________________
IPIB Chair
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of February, 2019, to:
David Briese
Jeff Wright, attorney for the City of Sergeant Bluff