Date:
01/16/2020
Subject:
Donna Paup/City of Mechanicsville - Report and Final 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 Final Order
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This matter comes before the Iowa Public Information Board (IPIB) this 16th day of January, 2020, to consider Dismissal upon proof of compliance with the Informal Resolution.
The IPIB accepted the complaint against the City of Mechanicsville (City) on October 17, 2019. Pursuant to Iowa Code section 23.9, the parties negotiated and reached an Informal Resolution which the IPIB approved on November 21, 2019. It provided that the complaint would be dismissed upon completion of terms.
The City has provided proof of its compliance in conforming to the Informal Resolution approved on November 21, 2019.
This case is therefore dismissed with satisfactory completion.
______________________________
IPIB Chair
CERTIFICATE OF SERVICE
This document was sent by electronic mail on the _________ day of January, 2020, to:
Donna Paup (Complainant)
Adrian Knuth (Attorney for Respondent)
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 Informal Resolution Compliance Report
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COMES NOW Amanda T. Adams, Legal Counsel for the Iowa Public Information Board (IPIB), and submits this Report recommending dismissal of the case due to completion of the Informal Resolution.
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. The 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 β. . . In order to come prepared to discuss the topic at the next regular council meeting.β
The IPIB accepted this complaint on October 17, 2019. Pursuant to Iowa Code section 23.9, the parties negotiated and reached an informal resolution, which the board approved on November 21, 2019.
The terms of the resolution included:
- The Council will acknowledge that the described actions occurred.
- 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.
- 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.
- 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 IPIB.
The terms of the informal resolution needed to be completed within 60 days of acceptance by all parties. Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.
On December 16, 2019, Adrian Knuth, the attorney for Mechanicsville, provided a copy of the published minutes of Mechanicsville of its November 12, 2019, meeting. Those minutes show that the Council approved the informal resolution during an open meeting and included the full text in the minutes of the November 12, 2019, meeting. The Council acknowledged in the published minutes that the described actions occurred. It also acknowledged 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 24 hours in advance.
Mr. Knuth also said that in advance of the December 9, 2019, council meeting, the Mechanicsville City Councilmembers and Mayor were sent a packet which included a print out of the power point training available on the IPIB website. Each council member reviewed and acknowledged reading it and signing off on the copy of the printout provided at the December 9, 2019, meeting.
I communicated with Mr. Knuth that the terms of the settlement language stating that the training shall take place βas a group at a properly noticed meetingβ meant that formal, in person training had to occur.
On January 9, 2020, Mr. Knuth forwarded an email from Linda Coppess, the City Clerk of Mechanicsville, said an additional training took place at the January 6, 2020, Mechanicsville City Council meeting. Ms. Coppess said the mayor and new city council viewed as a group the Iowa League of Cities webinar presentation on Open Meetings/Open Records presented by Mickey Shields during the January 6, 2020, council meeting.
The terms of the partiesβ agreement have been completed. I recommend that the IPIB dismiss this complaint as successfully resolved.
Respectfully submitted,
Amanda T. Adams,
IPIB Legal Counsel
CERTIFICATE OF MAILING
This document was sent by electronic and/or regular mail on the ______day of January, 2020, to:
Donna Paup, Complainant (email)
Adrian Knuth, Attorney for City (email)