21FC:0048 Wren Hoffman/City of Steamboat Rock - Informal Resolution Report & Order

Date:
10/21/2021

Subject:
Wren Hoffman/City of Steamboat Rock - Informal Resolution Report & 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                                                                         Order

 

This matter comes before the Iowa Public Information Board (IPIB) this 21st day of October, 2021, to consider the Acceptance of an Informal Resolution.

The IPIB accepted the complaint against the City of Steamboat Rock on July 15, 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 October, 2021, 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                                                                           Report

 

COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and respectfully submits this Informal Resolution 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 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 providing 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 October, 2021, 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 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 “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).

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:

1. 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.
2. 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.                                                                                                                                                                                               
3. 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.
4. 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 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