21FC:0048 Wren Hoffman/City of Steamboat Rock - Accep

Topics:

Formal Complaints

Date:
07/15/2021

Subject:
Wren Hoffman/City of Steamboat Rock - Accep

Opinion:

The Iowa Public Information Board

In re the Matter of:

Wren Hoffman, Complainant

And Concerning:

City of Steamboat Rock, Respondent

  

                      Case Number: 21FC:0048

                                  

                            Acceptance Order

              

 

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

 

Wren Hoffman filed formal complaint 21FC:0048 on June 18, 2021, alleging that the City of Steamboat Rock (City) violated Iowa Code chapter 21 on June 14, 2021.  She alleged that on that date, the City held an improper closed session.

 

Ms. Hoffman alleged the following violations:

 

  1. The City held a closed session at the end of the city council meeting without listing such on the agenda.  The city clerk and another individual were present.

  2. The closed session was held to discuss an independent contractor and not for a reason allowed by Iowa Code section 21.5.

 

Ms. Hoffman asked that the IPIB assist the City by arranging training on open meetings.

 

A review of the agenda confirmed that a closed session was not listed.  The minutes show that a comment was made about the contractor during public comments and that a closed session was held at the end of the meeting to “discuss city staff.”  The City also provided a copy of the minutes of the closed session subject to the protections of Iowa Code section 23.6(6).

 

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:00048 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a).  Parties shall cooperate with IPIB staff to reach 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 July 15, 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


1. As a city councilperson, Ms. Hoffman was also present.
2. A closed session may have been appropriate under Iowa Code section 21.5(1)(i) had proper procedures been followed.

CERTIFICATE OF MAILING

    

This document was sent by electronic mail on the ___ day of July, 2021, to:

 

Wren Hoffman

City of Steamboat Rock