Date:
07/15/2021
Subject:
Quad Cities Interfaith/Davenport City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Quad Cities Interfaith, Complainant And Concerning: Davenport City Council, Respondent |
Case Number: 21FC:0052
Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On June 24, 2021, Quad Cities Interfaith (QCI) filed formal complaint 21FC:0052, alleging that the Davenport City Council (Council) violated Iowa Code chapter 21.
QCI alleged that on April 28, 2021, the Council violated open meetings laws by not providing a virtual call-in option for the public during meetings. QCI alleged that the Council live-streamed its meeting, but did not make it possible for people to comment during the meetings. They also alleged that only 20 people were allowed into the Council room during this meeting. While the Council stated that the public could email comments to the Mayor to be read allowed at a meeting, no comments were read during that meeting.
Legal counsel for the Council responded to the complaint on June 25, 2021. The response stated that the Council did not hold electronic meetings during the COVID-19 pandemic in 2020 and 2021. Up until April 7, 2021, there was a limitation placed on in-person attendance. At that time, if more than 20 people were present, the meetings were simulcast on televisions in the lobby and speakers were rotated into the meeting room to speak. Also, up until April 7, 2021, the Mayor was reading public comments during the meetings.
At the April 28, 2021, meeting, there were no attendance restrictions. Members of the public were allowed to attend and to speak during the meeting. No one was denied an opportunity to speak. The meetings continue to be available for remote viewing.
Following receipt of this response, other members of QCI filed additional information noting that the attendance restrictions were continued until May 14, 2021, and did not end on April 28, 2021. The ability to attend the meeting in person was restricted to 20 people. The meeting was broadcast for remote viewing.
The April 21, 2021, the April 28, 2021, and the May 5, 2021, agendas all list a public comment agenda item at the end of the meeting under the topic “Public with Business”.
Legal counsel submitted an addendum to her reply on July 1, 2021, stating that she was wrong on the dates. She added that Iowa Code chapter 21 does not require that a governmental body allow the public to speak during an open meeting.
Iowa Code section 21.7 states:
21.7 Rules of conduct at meetings.
The public may use cameras or recording devices at any open session. Nothing in this chapter shall prevent a governmental body from making and enforcing reasonable rules for the conduct of its meetings to assure those meetings are orderly, and free from interference or interruption by spectators.
As noted by legal counsel for the Council, Iowa Code chapter 21 allows members of the public to record an open meeting, but does not require that the public be given time to comment during a meeting. Access to the Council meetings was provided. There was no violation of 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 not fulfill those requirements.
IT IS SO ORDERED: Formal complaint 21FC:0052 is dismissed as legally insufficient and without merit pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
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
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Margaret E. Johnson
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of July, 2021, to:
Quad Cities Interfaith
Mallory Hoyt, Assistant City Attorney