19FC:0015 Charles Vandenberg/Fort Madison City Council - Dismissal Order

Date:
03/21/2019

Subject:
Charles Vandenberg/Fort Madison City Council - Dismissal Order

Opinion:

The Iowa Public Information Board

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

On February 6, 2019, Charles Vandenberg filed formal complaint 19FC:0015 against the City of Fort Madison City Council (Council).  He alleged that the Council violated Iowa Code chapter 21 on January 2, 2019.

On January 2, 2019, the Council went into a closed session to discuss a real estate transaction pursuant to Iowa Code section 21.5(1)(j).  Mr. Vandenberg alleged that only one parcel of real estate was being considered, so, in his opinion, there would be no reason to conduct a closed session.

He also alleged that the Council failed to audio record the closed session and that he was not provided a copy of the detailed minutes when the transaction was completed.

The Council responded that after the meeting it was discovered that the audio recording equipment had failed and there was no audio of the closed session.  The Council also stated that that detailed minutes were taken and were provided to Mr. Vandenberg once the transaction was completed.

The transaction was completed on January 25, 2019.  The detailed minutes were released on February 12, 2019, following confirmation of the deed transfer.
 

IPIB staff reviewed the minutes of the closed session.  The Council reported that new equipment would be acquired prior to any future closed session.  It was apparent from the minutes that the closed session was appropriate for the topic discussed.  It would not appear to be a requirement for multiple properties to be discussed under Iowa Code section 21.5(1)(j).  It is also reasonable to believe that an open discussion could have negatively impacted the property transaction.

Mr. Vandenberg has received the requested minutes.  Although the Council did violate Iowa Code section 21.5(5)(a) by failing to audio record the closed session, it was an unintentional mistake and appropriate steps have been taken to ensure future compliance.

The unplanned failure of the audio recording equipment can be considered harmless error, as long as the equipment is replaced and future closed session are properly recorded.

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 19FC:0015 is dismissed as as harmless error 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 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:

Charles Vandenberg

Robert N. Johnson III, city attorney