Date:
05/21/2020
Subject:
Curtis Bloes/Wall Lake City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Curtis Bloes, Complainant And Concerning: Wall Lake City Council, Respondent |
Case Number: 20FC:0042
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 April 14, 2020, Curtis Bloes filed formal complaint 20FC:0042, alleging that the Wall Lake City Council (Council) violated Iowa Code chapter 21 at a Council meeting on April 13, 2020.
Mr. Bloes alleged that the Council had posted notice of the April 13, 2020, council meeting listing two locations: city hall and as an electronic Zoom meeting. Instead, he stated that the Council met in person and did not broadcast the meeting via Zoom, leaving the public unable to participate remotely.
He questioned why a governmental body would be able to list two meeting locations and then select one at the time of the meeting.
The Council responded on April 21, 2020. The meeting was set up as a Zoom meeting due to safety concerns and social distancing requirements. The mayor, city clerk, and one council member planned to access the electronic meeting from locations within the city hall due to an inability of each to participate from home. Other council members planned to attend electronically.
While starting the remote access, some members experienced difficulty with participating due to equipment and operator issues. Eventually, all council members were at the city hall trying to establish their connections. They then decided to just meet in person, as they could not get Zoom to function properly.
Mr. Bloes came to the city hall after 8 p.m. and observed that the council members were physically present.
The city clerk stated that in retrospect the council should have postponed the meeting until all council members had adequate equipment to conduct the Zoom meeting. An audio recording is available for anyone who requests it.
The city clerk was able to update the Council laptops to properly use Zoom at the next meeting.
Iowa Code section 21.8 provides the process for conducting an electronic meeting. Iowa Code section 21.8(1)(b) requires that an electronic meeting agenda state the “place from which the communication originates or where public access is provided to the conversation.” It appears from a review of the agenda that the normal City letterhead was used. It would have been appropriate to list this location had an electronic meeting originated at that location as originally planned.
Section Nine of the Governor’s proclamation dated March 20, 2020, modified public meetings in response to COVID-19 concerns:
SECTION NINE. Pursuant to Iowa Code § 29C.6(6), and at the request of the Iowa League of Cities on behalf of numerous local governmental bodies, I temporarily suspend the regulatory provisions of Iowa Code §§ 21.8, 26.12, and 414.12, or any other statute imposing a requirement to hold a public meeting or hearing, to the extent that the statutes could be interpreted to prevent a governmental body from holding the meeting by electronic means, provided that the governmental body properly notices the meeting or hearing and includes a telephone conference number or website address that permits the public to participate in the meeting or hearing. I also temporarily suspend those statutes to the extent they could be interpreted to prevent a governmental body from limiting the number of people present at an in-person location of the meeting, provided that the governmental body provides a means for the public to participate by telephone or electronically as provided in this section.
It is apparent that the City did not properly follow Iowa Code section 21.8 or the March 20, 2020, proclamation. There are, however, extenuating circumstances. It is unlikely that this specific situation will ever happen again.
The City was unable to provide a means for the public to participate electronically. Copies of the audio recording of the meeting are available. Therefore, an error in how this meeting was conducted is harmless error as contemplated by Iowa Code section 23.8(2).
IT IS SO ORDERED: Formal complaint 20FC:0042 is dismissed as harmless error 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 May 21, 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
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of May, 2020, to:
Curtis Bloes
Wall Lake City Council