Date:
11/21/2019
Subject:
Donna Paup/City of Mechanicsville - Informal Resolution Report & Order
Opinion:
The Iowa Public Information Board
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In the Matter of: Donna Paup, Complainant. and Concerning: City of Mechanicsville, Respondent |
Case Number: 19FC:0114 Order
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THIS MATTER comes before the Iowa Public Information Board (IPIB) this 21st day of November 2019, for acceptance of the Informal Resolution.
The IPIB finds that the terms of the Informal Resolution are appropriate and approves the proposed informal resolution. The IPIB also authorizes the IPIB chair to sign the informal resolution on behalf of the IPIB.
IT IS THEREFORE ORDERED that the Informal Resolution is approved and that the IPIB chair shall sign the Informal Resolution. Verification of the completion of the terms is due to the IPIB within 60 days of the issuance of this order by January 10, 2020.
Compliance review for the proposed informal resolution shall take place at the IPIB meeting on January 16, 2020.
So ordered this 21st day of November, 2019.
_________________________________ ____________________
IPIB Chair Date
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___________ day of November, 2019 to:
Donna Paup, Complainant
Adrian Knuth, Attorney for City
Before the Iowa Public Information Board
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In the Matter of: Donna Paup, Complainant. and Concerning: City of Mechanicsville, Respondent |
Case Number: 19FC:0114 Report
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Donna Paup filed formal complaint number 19FC:0114 on October 1, 2019. She alleged that the Mechanicsville City Council (Council) violated Iowa Code Chapter 21 during a public meeting on September 30, 2019. During that meeting, the Council properly voted to go into closed session. Following the closed session, the Council resumed the open session, voted on a matter, and then voted to adjourn the meeting.
After the meeting adjourned, the Mayor began addressing a topic for a future meeting with the Council and the public present. Council members, as well as the public, discussed the advantages of reopening a past decision concerning the sale of a city street to a local business. This issue was not listed on the agenda and is not noted in the meeting minutes. The city clerk acknowledged that the discussion occurred, but added that the discussion was to provide information to the Council βin order to come prepared to discuss the topic at the next regular council meeting.β
The Iowa Public Information Board (IPIB) accepted the formal complaint on October 17, 2019.
Under Iowa Code section 23.9, the parties negotiated and reached a proposed informal resolution.
The parties have signed a proposed Informal Resolution agreeing to the following terms:
1. The Council will acknowledge that the described actions occurred.
2. The Council will acknowledge that an agenda and notice must include all items for deliberation and action in a manner reasonably calculated to apprise the public of that information at least twenty-four hours in advance.
3. The Council shall conduct training for all council members and other city officials on Iowa Code Chapters 21 and 22 (Sunshine Laws). The Council may utilize the power point training available on the IPIB website as a group at a properly noticed meeting or schedule a similar training through the Iowa League of Cities.
4. The Council shall approve this resolution during an open meeting and include the full text in the minutes of said meeting. Said minutes shall be provided to the IPIB.
The parties have sixty days to complete the informal resolution upon acceptance by all parties. Upon showing proof of compliance, the IPIB shall dismiss the complaint as successfully resolved.
I recommend that the IPIB approve the proposed Informal Resolution. It should be scheduled for review on January 16, 2020, at the IPIB meeting.
Respectfully submitted,
Amanda T. Adams,
Legal Counsel.
CERTIFICATE OF MAILING
This document was sent by electronic and/or regular mail on the ______day of November, 2019, to:
Donna Paup, Complainant (email)
Adrian Knuth, Attorney for Respondent (email)