21FC:0033 Boyd Burnham/Linden City Council - Dismissal Order

Topics:

Formal Complaints

Date:
05/20/2021

Subject:
Boyd Burnham/Linden City Council - Dismissal Order

Opinion:

The Iowa Public Information Board

In re the Matter of:

Boyd Burnham, Complainant

And Concerning:

Linden City Council,  Respondent

  

                      Case Number: 21FC:0033

                                  

                              Dismissal Order

              

 

COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:

 

On April 24, 2021, Boyd Burnham filed formal complaint 21FC:0033, alleging that the Linden City Council (Council) violated Iowa Code chapters 21 and 22 on April 22, 2021.

 

Mr. Burnham alleged that the Council violated Iowa Code chapters 21 and 22 on April 22, 2021, by:

 

  1. Not allowing the public without internet access to attend the meeting,

  2. Allowing the city clerk to talk and make decisions,

  3. Not having city employees at the library,

  4. Locking bathroom doors and restricting fire escape access,

  5. Not allowing public comment during this meeting,

  6. Discussing items not listed on the agenda,

  7. Not releasing meeting recordings,

  8. Discussing other people in town by name, and

  9. Not having the city attorney at the meeting, although that was mentioned on the agenda.

 

In a follow-up email, Mr. Burnham stated that he had not requested a copy of the meeting recording.  He withdrew the Chapter 22 issue (#7, above.)

 

Legal counsel for the Council responded to the complaint on May 4, 2021, as follows:

 

  1. City Hall continues to be closed to the public during meetings.  Access is provided to the public virtually and by telephone.

  2. The Council requests that the city clerk present certain issues and answer questions.  All decisions are made by the Council.

  3. Staffing the library is not a violation of Iowa Code chapter 21 or 22.

  4. Bathroom and fire escape access is not a violation of Iowa Code chapter 21 or 22.

  5. This specific meeting did not provide for public comment.  Prior to this meeting, the Council held a public hearing that did allow time for public comment.

  6. During this meeting, there was no deliberation or action on any matter not on the agenda.

  7. (Withdrawn)

  8. Mentioning names of citizens is not a violation of Iowa Code chapter 21 or 22.

  9. There is no requirement in Iowa Code chapter 21 or 22 for the city attorney to be present at every meeting.

 

As noted by legal counsel, items numbered 3, 4, 8, and 9 are not regulated by Iowa Code chapter 21 or 22.  These items are without merit.

 

Iowa Code section 21.7 allows a governmental body to make and enforce reasonable rules for the conduct of each meeting.  There is no statutory requirement to allow the public to speak.  The Council can likewise request the city clerk, or anyone else, to provide information to the Council.  The city clerk’s authority to make decisions on behalf of the Council is not addressed in Iowa Code chapter 21 or 22.  Therefore, items numbers 2 and 5 are legally insufficient.

 

Iowa Code section 21.8, as modified by an ongoing Proclamation first issued by the Governor of Iowa in March 2020 and updated monthly, provides the authority for a governmental body to conduct meetings electronically as long as there is reasonable public access to observe or listen to the meeting.  The agenda for the meeting at issue provided remote access information for internet access and telephone access.  Item number 1 is therefore legally insufficient.

 

In addition, there is no evidence that the Council took action on any item other than the two items listed on the agenda.  Therefore, item number 6 is also legally insufficient.

 

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:0033 is dismissed as legally insufficient or without merit 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 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:

 

Boyd Burnham

Adam Doll, legal counsel for the Linden City Council