Date:
06/17/2021
Subject:
Deb Vaughn/Springville City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Deb Vaughn, Complainant And Concerning: Springville City Council, Respondent |
Case Number: 21FC:0027
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 29, 2021, Deb Vaughn filed formal complaint 21FC:0027, alleging that the Springville City Council (Council) violated Iowa Code chapter 21 on March 22, 2021.
Ms. Vaughn alleged that the Council held a special meeting on March 22, 2021, with one item listed on its agenda: “The following agenda items may include presentation, discussion, action, resolution, ordinance, and other such activity as determined by the Council: Discussion and possible action on 28E agreements for fire service with City of Springville, Brown Township, and Linn Township.”
Since Ms. Vaughn anticipated she would not be able to attend this meeting, she emailed the Council “voicing my formal objection to the agenda/meeting.” She alleged that she requested that the Council note her objection in the minutes and read such at the meeting.
Ms. Vaughn alleged the following objections to the agenda:
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Insufficient agenda description.
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Lack of proper notice as representatives from outside the Council were present and made comments.
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Discussion of items not on the agenda.
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Scheduling a future meeting for March 29, 2021, before the minutes for the March 22, 2021, meeting were posted.
Legal counsel for the Council responded to the complaint on April 13, 2021. The response stated that the agenda was a sufficient description of the issue to be addressed, that numerous members of the public attended based upon the agenda description, that all deliberation and action fell within the agenda item listed, and that the future meeting was properly noticed as required by Iowa Code.
The agenda item alleged to be deficient by Ms. Vaughn meets the requirements of Iowa Code section 21.4(1)(a): “in a manner reasonably calculated to apprise the public of that information.” It is not a violation of the notice requirements of Iowa Code section 21.4 to allow attendees to participate at the meeting. It is not a violation of Iowa Code chapter 21 to elect not to read someone’s comments aloud at a meeting.
Iowa Code section 21.3 provides the requirements for the minutes of a meeting:
Each governmental body shall keep minutes of all its meetings showing the date, time and place, the members present, and the action taken at each meeting. 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 minutes shall be public records open to public inspection.
Iowa Code chapter 21 does not require the Council to include comments made by the public in the minutes. Iowa Code chapter 21 does not preclude a governmental body from setting a future meeting date as long as the future meeting is properly noticed.
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 meet those requirements.
IT IS SO ORDERED: Formal complaint 21FC:0027 is dismissed as legally insufficient 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 June 17, 2021. 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
1. Although not required by Iowa Code chapter 21, the minutes for the March 22, 2021, meeting were posted on the library, post office, city hall, and online on March 29, 2021.
2. Ms. Vaughn alleged, and legal counsel responded to, other purported violations of Iowa Code chapters 23E and 28E, as well as concerns about the operations of the town’s fire service. These matters are beyond the jurisdiction of the IPIB (see Iowa Code section 23.1, which limits IPIB jurisdiction to matters involving Iowa Code chapters 21 and 22).
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of June, 2021, to:
Deb Vaughn
Mark Parameter and Meredith Rich-Chappell, legal counsel for the Springville City Council