19FC:0010 Russ Benke/City of Onslow - Final Report & Order

Topics:

Formal Complaints

Date:
06/20/2019

Subject:
Russ Benke/City of Onslow - Final Report & Order

Opinion:

The Iowa Public Information Board

In the Matter of:

Russ Benke,

Complainant.

and Concerning:

City of Onslow,  Respondent

 

          Case Number:

          19FC:0010

          Dismissal Order

                    

This matter comes before the Iowa Public Information Board (IPIB) this 20th day of June, 2019, to consider Dismissal upon proof of compliance with the Informal Resolution.

The IPIB accepted the complaint on January 28, 2019 against the City of Onslow.  Pursuant to Iowa Code section 23.9, the parties negotiated and reached an Informal Resolution, which the IPIB approved on April 18, 2019.  It provided that the complaint would be dismissed upon completion of terms.

The City has provided proof of its compliance with the Informal Resolution approved on April 18, 2019.

The case is therefore dismissed with satisfactory completion.

________________________________

IPIB Chair

CERTIFICATE OF SERVICE


This document was sent by electronic mail on the __________ day of June, 2019, to:

Russ Benke, Complainant
Betty J. Jordan, City Council Member

 

 

Before the Iowa Public Information Board

In the Matter of:

Russ Benke,

Complainant.

and Concerning:

City of Onslow,  Respondent

 

          Case Number:

          19FC:0010

          Informal Resolution Compliance Report

                    

 

COMES NOW Amanda T. Adams, Legal Counsel for the Iowa Public Information Board (IPIB), and submits this Report recommending dismissal of the case due to completion of the Informal Resolution.

On January 23, 2019, Russ Benke filed a complaint against the City of Onslow (City).  The complaint involved a closed session the city had on October 8, 2018 to discuss the sale or purchase of real estate.  Mr. Benke requested the closed session records under Iowa Chapter 22, based on the rights under Iowa Code section 21.5 (1) (j), which requires governmental bodies to provide closed session records upon completion of real estate transactions.  The real estate transactions were completed on January 1, 2019.  Mr. Benke received copies of the closed session minutes on or about January 14, 2019.  However, the closed session was not audio recorded.  The mayor said she did not realize that Chapter 21 required governments to record closed session meetings.

The IPIB accepted this complaint on March 21, 2019.  Pursuant to Iowa Code section 23.9, the parties negotiated and reached an informal resolution, which the board approved on April 18, 2019.

The terms of the resolution included:

  1. The City will acknowledge a closed session was called on October 8, 2018, to discuss possible purchase of real estate under Iowa Code section 21.5 (1) (j).
  2. The City will acknowledge that all future closed session meetings must be recorded.
  3. The City will also acknowledge that after real estate transactions are complete under Iowa Code section 21.5 (1) (j) that records must be promptly provided.
  4. The City will approve this informal resolution at an open meeting and include it in the minutes for that meeting.
  5. 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 meeting laws.
  6. 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 Power Point 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 were to be completed in sixty (60) days of the date of acceptance by all parties.  Upon showing proof of compliance, the IPIB would dismiss the complaint as successfully resolved.

At its April 2019 meeting, the minutes confirm the City Council members approved items 1-4 of the informal resolution.  I have received a number of communications and unapproved minutes verifying that the City Clerk gave all council members packets from the IPIB website on sunshine laws on or before April 15, 2019.  The City officials completed training as a group on Monday, April 15, 2019 at 5:30 p.m., but one member Josh Fall completed training on his own.

The terms of the parties’ agreement have been completed. I recommend that the IPIB dismiss this complaint as successfully resolved.

 

                                                                                                            Respectfully submitted,

 

                                                                                                            Amanda T. Adams,

                                                                                                            IPIB Legal Counsel

 

CERTIFICATE OF MAILING

 

This document was sent by electronic and/or regular mail on the ______day of June, 2019, to:

 

Russ Benke (email)

Betty Jordan (member, Onslow City Council)