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

Topics:

Formal Complaints

Date:
04/18/2019

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

Opinion:

 

Before The Iowa Public Information Board

In the Matter of:

Russ Benke,

Complainant.

and Concerning:

City of Onslow,  Respondent

 

          Case Number:

         19FC:0010

          Report

                    

On January 23, 2019, Russ Benke filed a formal complaint against the City of Onslow (City) alleging a violation of Iowa Code Chapters 21 and 22.  Mr. Benke alleged the City declined to release records of a closed session conducted pursuant to Iowa Code ยง 21.5 (1) (j) after the real estate transaction was completed.

On October 8, 2018, the City held a closed session to discuss a real estate purchase of a bank building.  Mr. Benke asked for a release of the records in January, after he had made similar requests.  The City was not permitted to release the records until the real estate transaction was completed on January 1, 2019.

On January 14, 2019, the City provided the written minutes of the closed session, but did not provide the audio.  Mayor Beth Streeper said she was not familiar enough with Chapter 21 to realize the meeting needed to be audio recorded under Iowa Code ยง 21.5 (5)(a).  Mr. Benke also alleged Council Members also discussed other matters besides the real estate transaction in the closed session, which the City did not deny.

Per the requirements in Iowa Code ยง 21.9, the parties negotiated and reached an Informal Resolution, the terms of which are subject to approval of IPIB Board Members.

On April 11, 2019, both sides signed an Informal Resolution.  The terms of the resolution are as follows:

  1. The City will acknowledge that a closed session was called 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 of the city council 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 meetings 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 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 this informal resolution will be completed within 60 days of acceptance by all parties.  Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.

I recommend that the IPIB approve the proposed Informal Resolution and direct the Board Chair to sign the informal resolution, and set the matter for compliance review in 60 days.

By the IPIB Legal Counsel.

___________________________

Amanda T. Adams, J.D.

Dated this _______ day of April, 2019.

CERTIFICATE OF SERVICE

This document was sent by electronic and/or regular mail on the _______ day of April, 2019 to:

 

Beth Streeper, Mayor of Onslow (email)

Karen Bixler, City of Clerk (email)

Russ Benke, Complainant (email)
 

 

The Iowa Public Information Board

In the Matter of:

Russ Benke,

Complainant.

and Concerning:

City of Onslow,  Respondent

 

          Case Number:

         19FC:0010

          Order

                    

This matter comes before the Iowa Public Information Board (IPIB) this 18th day of April, 2019, to consider the proposed Informal Resolution in the matter involving Russ Benke and the City of Onslow.

The IPIB has reviewed the report and recommendation of IPIB Legal Counsel Amanda Adams and hereby approves the proposed informal resolution.

The parties have sixty (60) days to complete the terms and conditions.  The IPIB will then set this matter for compliance review.

_________________________________

IPIB Chair

CERTIFICATE OF SERVICE

 

This document was sent by electronic mail on the ___________ day of _________________, 2019 to:

 

Russ Benke, Complainant (email)

Karen Bixler, Onslow City Clerk (email)

Beth Streeper, Onslow Mayor (email)