Date:
09/19/2019
Subject:
Randy Evans/Alta City Council - Revised Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Randy Evans, Complainant And Concerning: Alta City Council, Respondent |
Case Number: 19FC:0098 Revised Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Revised Dismissal Order.
Randy Evans, Executive Director of the Iowa Freedom of Information Council, filed formal complaint 19FC:008 on July 30, 2019. He alleged that the Alta City Council (Council) violated Iowa Code chapter 21 on July 1, 2019.
Mr. Evans stated in his complaint that a film crew came to this meeting to film the proceedings. After one speaker, the Mayor told the crew to leave the meeting as their presence was a “huge distraction.” A county deputy sheriff informed the Mayor that Iowa Code chapter 21 allows the filming of an open meeting. The Mayor allowed the crew to return to filming, but required that they film from the doorway and not move freely around the council room.
He also alleged that he was told the film crew had contacted the Council to arrange the filming prior to the meeting.
In response, Al Clark, the Mayor, stated that the advance notice of the crew’s planned filming was about 30 minutes prior to the time the meeting started, leaving inadequate time to rearrange the seating for filming needs. The council chamber room is 16 by 28 feet and as set up did not accommodate the free movement of the crew. He provided photographs of the council chambers and the double doorway available for the film crew.
The Mayor acknowledged that he was aware of the public’s ability to record an open meeting. He added that those wishing to record a meeting can easily do so from the public seating area or by standing in the double doorway.
Mr. Evans asked that the IPIB find that the Mayor violated Iowa Code section 21.7. He also requested that the IPIB inform the Mayor and the Council of their obligations under this Code section and direct the Council to adopt a resolution requiring compliance with this section.
The Mayor provided a copy of a letter he received from the cameraman filming the meeting, apologizing for the “distraction/interruption that I caused while filming during your meeting.” The Mayor agreed that having a written policy for future situations would be helpful and alleviate concerns that he reacted the way he did at the July meeting solely based upon the reasons the filming was conducted.
At a later council meeting, on August 6, 2019, the Mayor implemented a policy to address this situation:
Alta's Mayors Meeting Policy
1. Sitting: Limited Sitting based upon arrival. "No Saving of Seats".
2. Cell Phones: Turn Volume Off.
3. Please be respectful and refrain from speaking during the council meeting.
4. Pictures, Video Taping, Recording is Highly Encouraged.
4A. Please remain seated if seated.
4B. If Standing. Please stand in the hallway without blocking the doorway for Emergency Exit Reasons.
5. No Standing in front of the seated area of council chambers.
6. Special Accomodations require an advance notice 24 hour approval.
Iowa Code section 21.7 governs rules of conduct at meetings:
21.7 Rules of conduct at meetings.
The public may use cameras or recording devices at any open session. Nothing in this chapter shall prevent a governmental body from making and enforcing reasonable rules for the conduct of its meetings to assure those meetings are orderly, and free from interference or interruption by spectators.
Under this section, the Council must ensure that the public has access to the meetings, including the right to record the meeting, and that such recording does not interfere with an orderly meeting. A government body can create reasonable rules to conduct orderly meetings.
The policy announced by the Mayor appears to be reasonable. Normal recording of a meeting can be easily accommodated. If a film crew wants to film a meeting, the advance notice will allow Council staff to set up different seating, or even relocate, to allow for such filming. The IPIB encourages governmental bodies to adopt a policy outlining the reasonable rules for the conduct of a meeting.
The facts of this complaint do not support a legal conclusion that Iowa Code section 21.7 was violated. If there was an error in the manner in which the Mayor met his obligation to properly run the Council meeting, it would constitute harmless error.
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:0098 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 September 19, 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 September, 2019, to:
Randy Evans
City of Alta
It should be noted that the Mayor is not a “governmental body” as defined by Iowa Code section 21.2(1). Therefore, the complaint is considered a complaint against the Alta City Council, even though it is the action of the Mayor and not of the Council that is described in the complaint.