19FC:0039 Chris Baldus/City of Fairbank City Council - Dismissal Order

Date:
05/16/2019

Subject:
Chris Baldus/City of Fairbank 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 April 9,  2019, Chris Baldus filed formal complaint 19FC:0039 against the City of Fairbank City Council (Council).  He alleged that the Council violated Iowa Code chapter 21 on April 8, 2019.

On April 8, 2019, the Council went into two closed sessions to evaluate the qualifications of two candidates for a city position.  The agenda for that date indicates two separate closed sessions held pursuant to Iowa Code 21.5(1)(i), to ”evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session.”  Both candidates requested the closed sessions.

At the end of the closed sessions, the Council moved to offer the position to one of the candidates interviewed, but did not name the individual.  The City Clerk did not disclose the name of the candidate when asked the next day.

The City Attorney responded to the complaint and noted that the closed session was properly held pursuant to Iowa Code section 21.5(1)(i).  In addition, the applications were considered to be confidential under Iowa Code section 22.5(18) until such time that an employment offer was made and accepted.   Once an employment offer was accepted, and the individual was hired, then the name of the new employee was released.

Because it was unknown whether either candidate would accept employment with the City, the necessity to keep the names of the candidates confidential continued until an offer of employment was accepted. Had either candidate’s name been disclosed following the closed sessions, “irreparable injury” would have occurred if that candidate’s current employer was made aware of the application and interview.

Until an applicant was hired, each candidate was still considered to be “outside of government”, as required by the confidentiality exception of Iowa Code section 22.7(18).  No one was actually hired on April 8, 2019, as the offer had not yet been extended and accepted.

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:0039 is dismissed as legally insufficient 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 May 16, 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 May, 2019, to:

Chris Baldus

Holly Corkery, city attorney