Date:
08/19/2021
Subject:
Leslie Sattler/City of West Burlington - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Leslie Sattler, Complainant And Concerning: City of West Burlington, Respondent |
Case Number: 21FC:0062
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 July 8, 2021, Leslie Sattler filed formal complaint 21FC:0062, alleging that the City of West Burlington (City) violated Iowa Code chapter 21 on May 14, 2021.
Ms. Sattler alleged in her complaint that on or about May 14, 2021, all five members of the West Burlington city council met and selected an interim city administrator without providing notice of the meeting. She alleged that the City received an invoice from a law firm on May 19, 2021. The invoice indicated the law firm had a telephone conversation with a council member on May 14, 2021, concerning the hiring of this position, and the law firm worked on preparing a rough draft of the hiring contract based upon that conversation.
According to the City website, on May 19, 2021, the City had a council meeting. The agenda included the review of a draft document concerning the hiring of the city administrator under the heading “Consider options for hiring a new City Administrator.” The minutes of that meeting indicate that the city council unanimously voted to hold a work session on the issue on May 26, 2021.
Ms. Sattler alleged that one council member, Theresa Lees, has already contacted the city attorney and told the city attorney that all council members were in favor of the selection of Gregg Mandsager for the position. She alleged that the mayor also contacted the city attorney on May 19, 2021, for the “same issues”.
The city attorney responded to the complaint on July 10, 2021, indicating that he would investigate the allegations and respond to the complaint. On July 22, 2021, the city attorney provided a response, as well as affidavits concerning the activities reported by Ms. Sattler in her complaint.
The response by the city attorney clearly summarizes the events that transpired as well as providing an analysis of the legal rationale for dismissal of this complaint. As noted in Attachment A, 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.”
From a review of the emails and affidavits, it is apparent that one council member, Theresa Lees, contacted the city attorney and another council member to initiate the groundwork for the selection of Mr. Mandsager as interim city administrator. She also shared her support for her candidate with the Mayor and two other council members prior to the open meeting discussion. However, a majority of the city council did not engage in deliberation or take action outside the actual open meeting on May 26, 2021.
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:0062 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
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Margaret E. Johnson
1. The City waived attorney-client privilege to allow the city attorney to respond. See Attachment A.
2. A copy of the complete response, with affidavits, was sent to Ms. Sattler on July 22, 2021.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of August, 2021, to:
Leslie Sattler
Patrick J. O’Connell, city attorney for the City of West Burlington