19FC:0010 Russ Benke/City of Onslow - Acceptance Order

Date:
03/21/2019

Subject:
Russ Benke/City of Onslow - Acceptance Order

Opinion:

The Iowa Public Information Board

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

Russ Benke filed formal complaint 19FC:0010 on January 23, 2019.  He alleged that the City of Onslow (City) violated Iowa Code chapter 22 by refusing to release records of a closed session conducted pursuant to Iowa Code section 21.5(1)(j) after the real estate transaction was completed.

The City met in closed session on October 8, 2018, to discuss the purchase of real estate under Iowa Code section 21.5(1)(j).  Both parties agree that the transaction was not completed until after January 1, 2019. Mr. Benke then requested release of the records on January 14, 2019.

Although Mr. Benke made similar record requests in 2018, the records were not subject to release until after the real estate transaction was complete.
 

The City provided the written minutes for the closed session, but did not provide the audio recording.  The City did not record the meeting, responding to the complaint that the City was unaware the meeting should be recorded.
 

Iowa Code section 21.5(5)(a) requires that closed sessions be audio recorded.
 

There is also an allegation that the City discussed other matters during the closed session.  This allegation was not disputed by the City.
 

The City does not have legal counsel to assist with resolving this complaint.  The Iowa League of Cities has offered to assist the City.
 

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 19FC:0010 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 “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.”  The IPIB will review this Order on March 21, 2019. 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 March, 2019, to:

Russ Benke

City of Onslow, attn. City Clerk