Date:
05/21/2020
Subject:
Donna Paup/Mechanicsville City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Donna Paup, Complainant And Concerning: Mechanicsville City Council, Respondent |
Case Number: 20FC:0026 Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On March 3, 2020, Donna Paup filed a formal complaint with the Iowa Public Information Board (IPIB) alleging that the Mechanicsville City Council (Council) violated Iowa Code chapter 21.
Ms. Paup alleged three violations:
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The Council improperly entered into a closed session on September 9, 2019.
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The agenda for the February 2, 2020, Council meeting indicated that a closed session was possible.
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During the February 2, 2020, Council meeting the Mayor disclosed information that he learned during closed sessions in 2019.
Iowa Code section 23.7(1) requires that a formal complaint be filed within 60 days of the date of the alleged violation. The first allegation is beyond the jurisdiction of the IPIB.
In response to the second alleged violation, the attorney for the Council stated that there was a possibility that there would be a closed session during the February 2, 2020, Council meeting. Since the individual whose performance was under review did not request the closed session, none was held.
As to the third part of the complaint, the Council’s attorney noted that while it might not be appropriate for the Mayor to discuss closed session communications outside of the closed session, this is not a violation of Iowa Code chapter 21.
It is not a violation of Iowa Code chapter 21 to decide not to hold a closed session at the open meeting. Since there are different reasons a closed session could be held, it is important to list and describe the possibility of a closed session on the agenda if one is possible.
It is inappropriate and violates the spirit of the rationale for holding a closed session for a Mayor or others to disclose information from a closed session, either privately or in public. However, this behavior is not specifically addressed in Iowa Code chapter 21.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint does not fulfill those requirements.
IT IS SO ORDERED: Formal complaint 20FC:0026 is dismissed as legally insufficient and beyond the jurisdiction of the IPIB 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 April 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
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Margaret E. Johnson, J.D.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of April, 2020, to:
Donna Paup
Adrian Knuth, city attorney