Date:
05/20/2021
Subject:
Anonymous/Linden City Council - Acceptance Order & Informal Resolution Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Anonymous, Complainant And Concerning: Linden City Council, Respondent |
Case Number: 21FC:0030
Acceptance Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order:
An anonymous complaint was filed on April 6, 2021, alleging that the Linden City Council (Council) violated Iowa Code chapters 21 and 22. No contact information for the complainant was provided. The complaint alleged the following violations:
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No agenda has been posted for months.
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Citizens cannot hear virtual meetings.
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City clerk presents information rather than the Council members.
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The Council discusses issues without notifying the party involved.
No public records violations were alleged. The complaint also requested that the IPIB require the Council meetings be opened for in-person attendance by the public. This is not a violation of Iowa Code chapter 21 or 22.
Because the complaint was filed anonymously, there is no ability to request additional information.
Both the city clerk and the city attorney responded to the complaint. The city clerk is new to this position and stated she was unaware that she needed to post an agenda. She provided a copy of the April 4, 2021, meeting agenda. The agenda provided did not meet the requirements of Iowa Code section 21.4(1)(a) to “give notice of the time, date, and place of each meeting.”
The minutes provided were also deficient and failed to provide “the date, time and place, the members present, and the action taken at each meeting,” including “the results of each vote taken and information sufficient to indicate the vote of each member present.” (See Iowa Code section 21.3.)
The city clerk also stated that she was in contact with the League of Cities to seek training and to utilize a better system for electronic access to the meetings.
The city attorney also responded to the complaint. He added that the Council plans to conduct a training on open meetings and public records laws. The Council also plans to arrange training for the city clerk. The Council signed the attached informal resolution.
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 meet those requirements.
IT IS SO ORDERED: Formal complaint 21FC:00030 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). The Council approved an appropriate informal resolution to resolve the complaint pursuant to 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 May 20, 2021. 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 May, 2021, to:
Katie Schlitter, city clerk
Adam Doll, legal counsel for the Linden City Council
The Iowa Public Information Board
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In re the Matter of: Anonymous, Complainant And Concerning: Linden City Council, Respondent |
Case Number: 21FC:0030
Informal Resolution Order
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This matter comes before the Iowa Public Information Board (IPIB) this 20th day of May, 2021, to consider the Acceptance of an Informal Resolution.
The IPIB accepted the complaint against the Linden City Council on May 20, 2021. Pursuant to Iowa Code section 23.9, the parties negotiated and reached a proposed Informal Resolution.
The Board has reviewed the informal resolution and approves it pursuant to Iowa Administrative Rule 497-2.4(3). The IPIB chair is directed to sign the Informal Resolution on behalf of the IPIB.
The parties have 60 days to complete the proposed terms from today’s date. If the terms of the Informal Resolution are completed, the IPIB will dismiss the complaint.
_______________________________
IPIB Chair
CERTIFICATE OF SERVICE
This document was sent by electronic mail on the _________ day of ___________, 2021, to:
Adam Doll, legal counsel for the Linden City Council
INFORMAL RESOLUTION
21FC:0030
Linden City Council
An anonymous complaint was filed on April 6, 2021, alleging that the Linden City Council (Council) violated Iowa Code chapters 21 and 22. No contact information for the complainant was provided. The complaint alleged the following violations:
-
No agenda has been posted for months.
-
Citizens cannot hear virtual meetings.
-
City clerk presents information rather than the Council members.
-
The Council discusses issues without notifying the party involved.
No public records violations were alleged. Items numbered (3) and (4), above, are not violations of Iowa Code chapter 21 or 22. Because the complaint was filed anonymously, there was no ability to request additional information.
Both the city clerk and the city attorney responded to the complaint. The city clerk is new to this position and stated she was unaware that she needed to post an agenda. She provided a copy of the April 4, 2021, meeting agenda. The agenda provided did not meet the requirements of Iowa Code section 21.4(1)(a) to “give notice of the time, date, and place of each meeting.”
The minutes provided were also deficient and failed to provide “the date, time and place, the members present, and the action taken at each meeting,” including “the results of each vote taken and information sufficient to indicate the vote of each member present.” (See Iowa Code section 21.3.)
The city clerk stated that she was in contact with the League of Cities to seek training and to utilize a better system for electronic access to the meetings. The city attorney added that the Council plans to conduct a training on open meetings and public records laws and arrange training for the city clerk.
Pursuant to Iowa Code section 23.9, the Council agrees to the terms of an informal resolution of this complaint.
The Council agrees to the following terms:
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The Linden City Council is a governmental body as defined by Iowa Code section 21.2(1) and subject to the open meetings requirements of Iowa Code chapter 21.
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The Linden City Council will follow the requirements of Iowa Code chapter 21 for the proper posting of a notice and agenda, as well as the proper preparation of meeting minutes. The Linden City Council will follow all other requirements of Iowa Code chapter 21.
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The Linden City Council will engage in appropriate training on Iowa Code chapters 21 and 22 presented by the city attorney or the League of Cities. The IPIB training powerpoint may be used for this training.
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The Linden City Council will arrange for the city clerk to attend appropriate city clerk training.
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The Informal Resolution will be reviewed and approved at a properly noticed meeting of the Linden City Council and included in the minutes of this meeting.
The terms of this informal resolution will be completed within 60 days of acceptance by The Council and the IPIB. Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.
THIS INFORMAL RESOLUTION HAS BEEN REVIEWED AND APPROVED BY THE FOLLOWING:
___________________________ _____________
Linden City Council Date
By: ________________________
(Print Name)
IPIB:
__________________________ _____________
Chair Date