Date:
05/20/2021
Subject:
Heather Boustead/Linden City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Heather Boustead, Complainant And Concerning: Linden City Council, Respondent |
Case Number: 21FC:0035
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 25, 2021, Heather Boustead filed formal complaint 21FC:0035, alleging that the Linden City Council (Council) violated Iowa Code chapters 21 and 22 on April 22, 2021.
Ms. Boustead alleged that the Council violated Iowa Code chapters 21 and 22 on April 22, 2021, by:
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Denying in-person access to a member of the public who said she had no telephone and was unable to use the internet,
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Not providing a valid reason to hold the meeting electronically,
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Allowing poor audio quality with background noise,
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Not using the screen sharing feature to present the budget,
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Not announcing names prior to speaking,
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Not monitoring chat comments during the first 30 minutes of the meeting and then not relaying comments to the Council,
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Adjourning without a motion and vote,
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Posting two different agendas,
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Posting one copy of the agenda and budget packet,
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Not posting an agenda for the visually impaired, and
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Not having telephone service or a website.
In a follow-up email, Ms. Boustead stated that she had not requested any public records. Therefore, she was not alleging a violation of Iowa Code chapter 22.
Legal counsel for the Council responded to the complaint on May 4, 2021, as follows:
People other than council, mayor, and clerk were not invited to be in-person at the meeting due to the pandemic and the very small space the city council meets in. Again, access to the public was provided by telephone or zoom link. The City recently purchased a new microphone that picks up sound much better than the method they used to have. City clerk asked beforehand if everyone online or phone could hear, and some responded that they could hear fine. There were conversations by citizens with the council over the phone.
An agenda was posted. There was an initial agenda posted and I advised Mandi, the city clerk, to revise the original agenda with bolded language stating it was in-person for city personnel due to the pandemic, but that the public would access (the) meeting telephonically or through zoom link. So there was indeed a revised agenda posted at my direction, and it was done more than 24 hours in advance of the public hearing and special meeting. I have attached the original and revised agendas for your convenience.
Budget materials were available at the City Hall for inspection and/or copying. The City would also be willing to email any documents out to people that request such.
The special meeting was limited to two items, the budget approval and an issue with installing doors in city hall. There was no public forum listed for the special meeting so there is no valid reason for complaints that citizens were not able to address the council. As an aside, the council did speak about open forum rules for meetings at our meeting last night and I am drafting a policy to have an open forum at every regular meeting which will be limited in total time and time per speaker. Linden is committed to allowing people to address the council and mayor.
There was no demand made upon the city to accommodate any disabilities prior to the meeting.
The City did speak about hopefully opening things up soon. The City council space is not large (small room) and covid-19 remains a concern for the council. Iβm hopeful that we can return to business as normal soon.
A lot of the items complained about in these complaints are not Chapter 21 or Chapter 22 issues, but the City has heard the complaints and will address the things they believe they should.
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.
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, as well as stating the reason for electronic access.
Some of the listed issues (numbers 3, 4, 5, 6, 7, 10, and 11) are matters not specifically addressed by Iowa Code chapter 21. It should be noted that the Linden City Council has agreed to an informal resolution in another complaint filed against the Council and will be conducting training on Iowa Code Chapters 21 and 22 on May 13, 2021.
The meeting was properly noticed (issues 8 and 9). Issues 1 and 2 are also legally insufficient, as noted above.
Iowa Code section 23.8 requires that a complaint be within the IPIBβs 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:0035 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 βdelegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.β 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
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Margaret E. Johnson
1. See formal complaint 21FC:0030, filed on April 6, 2021, concerning a meeting held on April 5, 2021.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of May, 2021, to:
Heather Boustead
Adam Doll, legal counsel for the Linden City Council