Date:
04/16/2020
Subject:
Darren Sellers/Vinton City Council - Informal Resolution Report & 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 Informal Resolution Order |
This matter comes before the Iowa Public Information Board (IPIB) this 16th day of April, 2020, to consider the proposed Informal Resolution.
The Iowa Public Information Board (IPIB) accepted the complaint on February 20, 2020, as to the alleged violation concerning the vote by ballot. Pursuant to Iowa Code section 23.9, the parties negotiated and reached an Informal Resolution.
The Board has reviewed the Informal Resolution and approved it.
It is therefore ordered that the IPIB approves the Informal Resolution and directs the IPIB chair sign the Informal Resolution. The terms of the informal resolution are 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.
SO ORDERED this _______ day of April, 2020.
_________________________________
IPIB Chair
CERTIFICATE OF MAILING
A copy of this document was sent via email on the ________ day of April, 2020, to:
Darran Sellers
Robert Fischer, city attorney
Informal Resolution Report
Darran Sellers, Complainant
And
Vinton City Council, Respondent
Case Number: 19FC:0148
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 requested 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 appeared 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.”
The Iowa Public Information Board (IPIB) accepted the formal complaint on February 20, 2020 as to the violation of Iowa Code section 21.3 for holding a vote by ballot without making the vote of each member public at the open meeting.
Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution.
The parties agree to the following terms:
- The Council will acknowledge that the described actions occurred.
- The Council will acknowledge that on December 12, 2019, the Council held a vote by ballot without making the vote of each member public at the open meeting.
- The Board shall conduct training for all Board members on Iowa Code chapters 21 and 22 (Sunshine Laws). The Board may utilize the powerpoint training available on the IPIB website. The City Attorney or designee may conduct the training.
- The Board shall evaluate all written procedures/ordinances/resolutions outlining the use of secret ballots and rescind any such procedure/ordinance/resolution.
- The Board 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 terms of this informal resolution will be completed within 60 days of acceptance by all parties. Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.
The City Council approved the informal resolution at a meeting on March 26, 2020.
Mr. Sellers approved the informal resolution on March 25, 2020.
The IPIB Deputy Director recommends that the IPIB approve the informal resolution and authorize the IPIB Chair to sign the informal resolution on behalf of the IPIB.
By the IPIB Deputy Director
_________________________________
Brett J. Toresdahl