Date:
02/20/2020
Subject:
Darren Sellers/Vinton City Council - Acceptance Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Darran Sellers, Complainant And Concerning: Vinton City Council, Respondent |
Case Number: 19FC:0148
Acceptance Order
|
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order:
On December 31, 2019, Darran Sellers filed formal complaint 19FC:0148, alleging that the Vinton City Council (Council) violated Iowa Code chapter 21 at a Council meeting on December 12, 2019.
At the December 12, 2019, Council meeting, council members took action to fill a vacant council seat by offering the seat to the top write-in candidate. When that candidate declined the offer, the council members voted by ballot to choose between two others who received write-in votes at a later meeting.
At a December 30, 2019, meeting, the Council voted to appoint a new council member, with five members approving and one member abstaining. Mr. Sellers requests that the IPIB void this appointment.
Legal counsel responded to the complaint on January 10, 2019, stating that the Council did not vote on the appointment at the December 12, 2019, meeting. He stated that the Council decided to name two possible candidates for the position and set the final decision for the December 30, 2019, meeting. He noted that the December 30, 2019, appointment was later set aside because the appointment could not be made until the position officially became vacant on January 1, 2020.
The Council’s attorney provided copies of the agendas for meetings held on December 12, December 26, and December 30, 2019, all of which properly noticed the discussion of the vacancy matter.
In his reply, Mr. Sellers provided a copy of the December 12, 2019, meeting minutes, which read, in part: “Ballots were collected from the council members, excluding Ron Elwick, for their selection. Andrew Elwick was selected. He will be sworn into office in January.”
These minutes appear to confirm that a vote was conducted using ballots rather than as required by Iowa Code section 21.3: “The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session.”
By accepting this complaint, the IPIB staff, with the assistance of the Iowa League of Cities, can work with the Council to provide training to avoid any future violations.
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 meets those requirements as it relates to the December 12, 2019, Council vote on filling a vacancy.
IT IS SO ORDERED: Formal complaint 19FC:0148 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). Parties are directed to work with IPIB staff to reach an informal resolution as required by 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 February 20, 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
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of February, 2020, to:
Darran Sellers
Robert Fischer, city attorney