21FC:0054 Brett Christensen/City of Silver City - Dismissal Order

Date:
08/19/2021

Subject:
Brett Christensen/City of Silver City - Dismissal Order

Opinion:

The Iowa Public Information Board

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

On June 25, 2021, Brett Christensen filed formal complaint 21FC:0054, alleging that the City Council of Silver City (Council) violated Iowa Code chapter 21 at a meeting on May 10, 2021.

Mr. Christensen alleged that on that date, members of the Council remained after the meeting and conducted city business.  Mr. Christensen stated that he remained after the meeting to speak with the acting city clerk, who is also a city council member.  He alleged that he observed two other city council members engage in a conversation, discussing road repair and a cell tower.  Mr. Christensen stated that he told them they could not engage in any discussion of city issues except in an open meeting.

In response the Mayor of Silver City stated that she and two council members (out of five members) remained after the meeting.  The two members were cleaning the meeting room, and the Mayor remained behind to sign checks for the bills approved earlier.  The cell tower issue was on the agenda for the meeting. 

Mr. Christensen replied that he and others waited outside for 20 minutes after the meeting and that all council members and the Mayor remained in the building.  He asked that the IPIB “make the council and mayor do things properly.”

Iowa Code section 21.2(2) defines a meeting as:  

“...a gathering in person or by electronic means, formal or informal, of a majority of the members of a governmental body where there is deliberation or action upon any matter within the scope of the governmental body’s policy-making duties. Meetings shall not include a gathering of members of a governmental body for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of this chapter.”

Based upon the information provided by Mr. Christensen and by the Mayor, it appears that there was no action or deliberation on topics within the Council’s policy-making duties.  Instead, signing checks and cleaning the meeting space are ministerial duties.  

Earlier this year, the IPIB accepted complaint 21FC:0036, concerning the City of Silver City.  The parties approved an informal resolution on that complaint that will require training on Iowa Code chapters 21 and 22.  The IPIB approved this informal resolution on July 15, 2021, after the filing of Mr. Christensen’s complaint.  His request for IPIB involvement with the City of Silver City is addressed in the terms of the informal resolution in 21FC:0036. 

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:0054 is dismissed as legally insufficient 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 August 19, 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

CERTIFICATE OF MAILING

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

Brett Christensen

Rose Schoening, Mayor of Silver City