Date:
11/21/2019
Subject:
Jamie Gust/City of Pulaski - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Jamie Gust, Complainant And Concerning: City of Pulaski, Respondent |
Case Number: 19FC:0123 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On October 17, 2019, Jamie Gust filed formal complaint 19FC:0123, alleging that the City of Pulaski (City) violated Iowa Code chapter 21 at an open meeting held on October 17, 2019.
Ms. Gust claimed that the City Council held a closed session during the meeting without making a motion to go into closed session.
The agenda of the meeting indicated that the council would go into closed session pursuant to Iowa Code section 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.” Ms. Gust was the employee in question and was present and requested the closed session.
The unofficial minutes of the meeting indicate that councilmember Jeremy Breeding made the motion to go into closed session, and councilmember Rosa Archer seconded the motion. The four councilmembers present voted for the closed session. Following the closed session, the council recovened and accepted an oral resignation submitted by Ms. Gust.
Ms. Gust recorded the meeting as city clerk. Ashley Leyda, city attorney, was also present and recorded only the closed session. Ms. Leyda provided access to the city’s recording. The city recorder was turned off and on during the open portion of the meeting. Ms. Gust’s recording did not record the motion, but did confirm the vote of the members present and the closed session discussion.
Iowa Code section 21.5(1) states: “A governmental body may hold a closed session only by affirmative public vote of either two-thirds of the members of the body or all of the members present at the meeting.” Sections 21.5(2) and 21.5(3) add:
2. The vote of each member on the question of holding the closed session and the reason for holding the closed session by reference to a specific exemption under this section shall be announced publicly at the open session and entered in the minutes. A governmental body shall not discuss any business during a closed session which does not directly relate to the specific reason announced as justification for the closed session.
3. Final action by any governmental body on any matter shall be taken in an open session unless some other provision of the Code expressly permits such actions to be taken in closed session.
Upon review of the agenda, minutes, and the city attorney’s recording, there is no evidence of a violation of Iowa Code chapter 21.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 19FC:0123 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 November 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 or First Class mail on the ___ day of November, 2019, to:
Jamie Gust
Ashley Leyda, council for the City of Pulaski