Date:
01/16/2020
Subject:
Larry Robinson & Bill Olney/City of Marathon - Acceptance and Consolidation Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Larry Robinson and Bill Olney, Complainants And Concerning: City of Marathon, Respondent |
Case Numbers: 19FC:0143 (Robinson) and 19FC:0146 (Olney)
Acceptance and Consolidation Order |
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance and Consolidation Order.
On December 12, 2019, Larry Robinson filed formal complaint 19FC:0143, alleging that the Marathon City Council (Council) violated Iowa Code chapter 21 by conducting a Council meeting on December 10, 2019, without providing 24 hour notice. He added that the city clerk notified the Mayor of the lack of proper notice prior to the meeting. Mr. Robinson is a city council member and abstained from participating in the meeting because of the improper notice.
On December 14, 2019, Bill Olney filed formal complaint 19FC:0146, alleging that the agenda for the December 10, 2019, meeting was not posted until noon on December 10, 2019. Because the two complaints allege the same Chapter 21 violation, it is appropriate to consolidate the complaints.
The city’s legal counsel filed a response on January 3, 2020. He stated that the clerk is employed by two cities and was unable to post the notice 24 hours in advance as she was working at the other city. He also noted that the Mayor was under the impression that the clerk had just forgotten to post notice at the Post Office. He added that once the Mayor understood that the notice was improper, he contacted the League of Cities, who advised him to reset the meeting.
Legal counsel also noted that the December 10, 2019, meeting was held at the normal date, time, and location and that the general public was not excluded from the meeting.
In his reply, Mr. Robinson stated that everyone was aware that the notice was defective prior to the start of the meeting. The Council had to call in another council member when Mr. Robinson abstained in order to reach quorum. He also noted that the notice and agenda could have been posted earlier than 6 p.m. on Monday to ensure compliance with Iowa law.
Iowa Code section 21.4(2)(a) requires that a governmental body post the notice and agenda at least 24 hours prior to the beginning of a meeting. There is no dispute that the notice was posted six hours prior to the start of the meeting.
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. These complaints meet those requirements.
IT IS SO ORDERED: Formal complaints 19FC:0143 and 19FC:0146 are consolidated and accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). Parties are directed to engage in reaching an informal resolution, with the assistance of IPIB staff, pursuant to Iowa Code section 23.9.
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 January 16, 2020. 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
1. The City of Marathon normally posts notice at the City Hall, Post Office and at another location. Iowa Code section 21.4 only requires notice to be posted at the principal office of the governmental body, or if none exists, at the meeting location.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of January, 2020, to:
Larry Robinson
Bill Olney
Neven Conrad, acting city attorney