21FC:0036 Todd Williams/City of Silver City - Acceptance Order

Topics:

Formal Complaints

Date:
05/20/2021

Subject:
Todd Williams/City of Silver City - Acceptance Order

Opinion:

The Iowa Public Information Board

In re the Matter of:

Todd Williams, Complainant

And Concerning:

City of Silver City, Respondent

  

                      Case Number: 21FC:0036

                                  

                            Acceptance Order

              

 

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

 

Todd Williams filed formal complaint 21FC:0036 on April 29, 2021, alleging that the City of Silver City (City) violated Iowa Code chapter 21 on two separate occasions.

 

Mr. Williams alleged that the City violated Iowa Code section 21.5 on March 8, 2021, by holding a closed session without conducting a vote to enter into closed session and by failing to properly notice the closed session on the agenda or in the minutes.

 

He also alleged that on April 12, 2021, the City published notice of a budget hearing in the previous meeting minutes.  However, on the date in question, the City instead began its meeting at 6 p.m. with a closed session pursuant to Iowa Code section β€œ21.B(I)”, a section of the Code that does not exist.  The posted notice for the meeting stated a starting time of 6:30 p.m.  Again, the requirements of Iowa Code section 21.5 were not followed.

 

In response to the complaint, the City Mayor did not offer an explanation for the improper notices and for how the City conducts closed sessions.  She noted that the public hearing had inadvertently been left off the agenda.  She rescheduled that hearing for May 10, 2021.

 

Based upon a review of the copies of notices and minutes provided by both parties, it was apparent that the City requires training to properly conduct open meetings as required by Iowa Code chapter 21.

  

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:00036 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a).  The parties will work with IPIB staff to reach an informal resolution pursuant to Iowa Code section 23.9.

 

Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may β€œdelegate 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:

 

Todd Williams

Mayor Rose Schoening, City of Silver City