Date:
02/17/2022
Subject:
Wren Hoffman/City of Steamboat Rock - Informal Resolution Final Report & Dismissal Order
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
Final Order |
This matter comes before the Iowa Public Information Board (IPIB) this 17th day of February, 2022, to consider the Final Report concerning completion of the informal resolution.
On June 18, 2021, Wren Hoffman filed formal complaint 21FC:0048, alleging that the City of Steamboat Rock violated Iowa Code chapter 21.
The IPIB accepted the complaint on July 15, 2021, and directed IPIB staff to assist the parties in adopting an informal resolution. The parties approved an informal resolution, and the IPIB approved the informal resolution on October 21, 2021.
The parties have successfully completed the terms of the informal resolution as described in the report by Brett Toresdahl, IPIB deputy director.
Upon providing proof of compliance, the IPIB agreed to dismiss this complaint.
Pursuant to the terms of the Informal Resolution, this complaint is dismissed as successfully resolved.
_______________________________
IPIB Chair
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of February, 2022, to:
Wren Hoffman
Taylor Nederhoff, legal counsel for the City of Steamboat Rock
Before The Iowa Public Information Board
|
In re the Matter of: Wren Hoffman, Complainant And Concerning: City of Steamboat Rock, Respondent |
Case Number: 21FC:0048
Final Report |
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and respectfully submits this Final Report:
On June 18, 2021, Wren Hoffman filed formal complaint 21FC:0048, alleging that the City of Steamboat Rock violated Iowa Code chapter 21.
The IPIB accepted the complaint on July 15, 2021, and directed IPIB staff to assist the parties in adopting an informal resolution. The parties approved an informal resolution, and the IPIB approved the informal resolution on October 21, 2021.
The parties have successfully completed the terms of the informal resolution as described in the attached report by Brett Toresdahl, IPIB deputy director.
Upon providing proof of compliance, the IPIB agreed to dismiss this complaint as successfully resolved.
It is recommended that the IPIB dismiss this complaint as successfully resolved through 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 February, 2022, to:
Wren Hoffman
Taylor Nederhoff, legal counsel for the City of Steamboat Rock
Wren Hoffman, Complainant
And
City of Steamboat Rock, Respondent
Case Number: 21FC:0048
Informal Resolution Final Report
On June 18, 2021, Wren Hoffman filed formal complaint 21FC:0048, 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 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 βdiscuss city staff.β The City also provided a copy of the minutes of the closed session subject to the protections of Iowa Code section 23.6(6).
The Iowa Public Information Board (IPIB) accepted the formal complaint on July 15, 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 June 14, 2021 was not met when the council did not provide appropriate 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 City of Steamboat Rock approved the informal resolution on October 11, 2021.
Ms. Hoffman approved the informal resolution on October 8, 2021.
The IPIB approved the informal resolution on October 21, 2021.
Summary of the terms:
The City of Steamboat Rock acknowledged a violation of Iowa Code chapter 21. It approved the informal resolution at its October 11, 2021, Council meeting and included the full text in its minutes. A copy of the minutes has been provided to the IPIB on December 14, 2021. The Cityβs attorney requested that his client meet a second time regarding this resolution to ratify their previous action to clarify their acknowledgement. This meeting is scheduled to take place on February 16, 2022 and the minutes will be provided to the IPIB on February 17, 2022.
The Mayor and the Clerk prepared a check list of the steps and procedures needed for a closed session as outlined in Iowa Code section 21. A copy of this check list has been provided to the IPIB on December 14, 2021. On December 13, 2021, the council members and city officials participated in training led by the Iowa League of Cities. The minutes of this meeting were provided to the IPIB on December 14, 2021.
The proof of compliance has been provided. Therefore, the IPIB should dismiss this complaint as successfully resolved.
By the IPIB Deputy Director
_________________________________
Brett J. Toresdahl