Date:
07/15/2021
Subject:
Todd Williams/City of Silver City - Informal Resolution Report & Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Todd Williams, Complainant And Concerning: City of Silver City, Respondent |
Case Number: 21FC:0036
Informal Resolution Order
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This matter comes before the Iowa Public Information Board (IPIB) this 15th day of July, 2021, to consider the Acceptance of an Informal Resolution.
The IPIB accepted the complaint against the City of Silver City 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 MAILING
This document was sent by electronic mail on the ___ day of July, 2021, to:
Todd Williams
Mayor Rose Schoening, City of Silver City
Before The Iowa Public Information Board
|
In re the Matter of: Todd Williams, Complainant And Concerning: City of Silver City, Respondent |
Case Number: 21FC:0036
Informal Resolution Report
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and respectfully submits this Informal Resolution Report:
On April 29, 2021, Todd Williams filed formal complaint 21FC:0036, alleging that the City of Silver City violated Iowa Code chapter 21.
The IPIB accepted the complaint on May 20, 2021, and directed IPIB staff to assist the parties in adopting an informal resolution. The parties have approved an informal resolution as described in the attached report by Brett Toresdahl, IPIB deputy director.
The terms of the informal resolution are to be completed within 60 days of acceptance by all parties. Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.
It is recommended that the IPIB approve the proposed informal resolution, direct the IPIB chair to sign the informal resolution, and set the matter for compliance review in accordance with the terms of the informal resolution.
Respectfully submitted,
Margaret E. Johnson, J.D.
Executive Director
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of July, 2021, to:
Todd Williams
Mayor Rose Schoening, City of Silver City
Todd Williams, Complainant
And
City of Silver City, Respondent
Case Number: 21FC:0036
Informal Resolution Report
On April 29, 2021, Todd Williams filed formal complaint 21FC:0036, 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 “21.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.
The meeting should have been held pursuant to Iowa Code chapter 21 but it was not properly noticed.
The Iowa Public Information Board (IPIB) accepted the formal complaint on May 20, 2021, as to the violation of Iowa Code chapter 21 and specifically 21.5, violation of the requirements for closed sessions of governmental bodies.
Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution.
The parties agree to the following terms:
- The Council will acknowledge during an open meeting that the requirements for holding a closed session on March 8, 2021 was not met when the council did not hold a proper vote or provide appropriate notice of the closed session. The Council will also acknowledge that the requirements for holding a closed session on April 12, 2021 was not met when the council entered into closed session prior to the beginning of a meeting in open session and failed to provide proper notice of the closed session. This acknowledgement shall be recorded in the minutes of said meeting.
- The Mayor shall work with the Clerk to prepare a check list of the steps and procedures needed for a closed session as outlined in Iowa Code section 21. Said checklist shall be provided to the IPIB.
- The Council shall conduct training during an open meeting for all council members and city officials, on Iowa Code chapters 21 and 22 (Sunshine Laws). The Council may utilize the power point training available on the IPIB website. The Council shall work with the Iowa League of Cities to provide the training to the council and officials.
- The Council shall approve this resolution during an open meeting and include the full text in the minutes of said meeting. Said minutes shall be provided to the IPIB.
The terms of this informal resolution will be completed within 60 days of acceptance by all parties. Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.
The Silver City Council approved the informal resolution on June 14, 2021 at their meeting.
Mr. Williams approved the informal resolution on June 15, 2021.
The IPIB Deputy Director recommends that the IPIB approve the informal resolution and authorize the IPIB Chair to sign the informal resolution on behalf of the IPIB.
By the IPIB Deputy Director
_________________________________
Brett J. Toresdahl