Date:
07/21/2022
Subject:
William Byars/Adair City Council - Final Report & Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: William Byars, Complainant And Concerning: Adair City Council, Respondent |
Case Number: 21FC:0081
Final Order |
This matter comes before the Iowa Public Information Board (IPIB) this 21st day of July, 2022, to consider the Final Report concerning completion of the informal resolution.
On August 22, 2021, William Byars filed formal complaint 21FC:0081, alleging that the Adair City Council violated Iowa Code chapter 21.
The IPIB accepted the complaint on October 21, 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 March 17, 2022.
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 July, 2022, to:
William Byars
Joanne Byars, Mayor of the City of Adair
Before The Iowa Public Information Board
|
In re the Matter of: William Byars, Complainant And Concerning: Adair City Council, Respondent |
Case Number: 21FC:0081
Final Report |
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and respectfully submits this Final Report:
On August 22, 2021, William Byars filed formal complaint 21FC:0081, alleging that the Adair City Council violated Iowa Code chapter 21.
The IPIB accepted the complaint on October 21, 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 March 17, 2022.
The parties have substantially 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. Although the city attorney and one city councilmember did not attend training, they have been provided the opportunity to review the powerpoint presentation and will be held accountable for future compliance with Iowa Code chapters 21 and 22.
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 July, 2022, to:
William Byars
Joanne Byars, Mayor
INFORMAL RESOLUTION FINAL REPORT
21FC:0081
William Byars/Adair City Council
On August 22, 2021, William Byars filed formal complaint 21FC:0081, alleging that the Adair City Council (Council) violated Iowa Code chapter 21 on June 30, 2021.
Mr. Byars alleged that on June 30, 2021, three members of the five member Council met with the Mayor, city attorney, and police chief to tour a new construction house site and to discuss if the construction met proper standards and whether the City of Adair should make the final payment to the construction company. He alleged that no notice, agenda, or minutes were posted or prepared.
In response to the formal complaint, the city attorney responded that the gathering did not meet the definition of a meeting pursuant to Iowa Code section 21.2(2), as the purpose of the meeting was ministerial. He also provided a copy of the May 26, 2021, Council minutes. The minutes for that meeting state:
“Council took a break and went to the Jensen & Sons home in the Crawford addition to complete a walk-through inspection. No action was taken.
“Council reconvened at City Hall at 7:40.
“Discussion and possible action if needed for the walk-through inspection at the Jensen & Sons home in Crawford Addition.
At that time, the Council voted to have the home inspected professionally and provide a report to the counsel.
No official notice, agenda, or minutes were prepared for the June 30, 2021, gathering and walk-through
Iowa Code section 21.2(2) provides the definition of a meeting:
2. “Meeting” means 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.
The minutes from the May 26, 2021, Council meeting make clear that the issues surrounding the quality of construction on the city-owned property were significant and go beyond a purely ministerial duty. The Iowa Supreme Court and the Iowa Attorney General have provided guidance on the use of this provision of the Iowa Code, as summarized in a Frequently Asked Question on the IPIB website:
A gathering of a majority of members for purely ministerial purposes is excluded from the Act’s coverage because a ministerial matter by definition excludes exercising any discretion about policy matters. Clear examples are the members’ signing of letters or documents whose contents have been approved in a prior, formal open meeting, or school board members attending graduation ceremonies.
Questions about “ministerial” functions and information-gathering trips by governmental bodies have been addressed in Attorney General’s opinions, including Cook to Pellett and Crabb, 79-5-14, Stork to Reis, 81-2-13, and Stork to O’Kane, 81-7-4.
The last opinion notes, “… It appears that gathering for ‘purely ministerial purposes’ may include a situation in which members of a governmental body gather simply to receive information upon a matter within the scope of the body’s policy making duties. … We emphasize, however, that the nature of any such gathering may change if either ‘deliberation’ or ‘action’ … occurs. A ‘meeting’ may develop … if a majority of the members of a body engage in any discussion that focuses at all concretely on matters over which they may exercise judgment or discretion.”
In Dooley v. Johnson County Bd. of Sup'rs. (2008 WL 5234382), the Iowa Court of Appeals ruled that the board did not violate the open meetings law when members met privately with a consulting company to review a preliminary draft of a report, asked questions and elicited clarification. However, the Court noted, “Gathering for this purpose appears dangerously close to ‘deliberation.’ Even absent any intention to deliberate, such discussions could arise effortlessly. We believe the board's decision to review the draft in this fashion was a poor one.”
The law provides latitude by exempting “ministerial” and “social” functions from coverage by Chapter 21, but plainly the latitude must be drawn narrowly to be consistent with Chapter 21’s mandate for openness. (Emphasis added.)
In addition, the fact that more than one tour of the city-owned property was necessary and that there was at least one subsequent meeting (August 11, 2021) during which the Council met in closed session pursuant to Iowa Code section 21.5(1)(c) to discuss litigation strategy with counsel on the matter, also suggests that the June 30, 2021, gathering was actually a meeting as defined by Iowa Code and proper notice, agenda, and minutes were required.
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 meet those requirements.
The Iowa Public Information Board (IPIB) accepted the formal complaint on October 21, 2021, as to the violation of Iowa Code chapter 21 and specifically 21.4, violation of the requirements for providing public notice for holding a meeting of a governmental body.
Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution.
The parties agree to the following terms:
- The Council acknowledges that on June 30, 2021 a majority of the council met at the site noted above without posting notice or an agenda. This acknowledgement shall be recorded in the minutes of said meeting.
- The Mayor shall assist the Clerk to prepare a check list of the steps and procedures needed to hold a proper open meeting as outlined in Iowa Code section 21. Said checklist shall be provided to the IPIB.
- The Council agrees to post a notice and agenda of any gathering deemed to be ministerial where a majority of the Council is present.
- The Council shall conduct training during an open meeting for all council members and city officials, including the city attorney, on Iowa Code chapters 21 and 22 (Sunshine Laws). The Council shall coordinate with the Iowa League of Cities to provide the training to the council and officials. Minutes of the meeting including documentation of attendance shall be provided to the IPIB.
- The Council shall approve this resolution during an open meeting and include the full text of the resolution in the minutes of said meeting. Said minutes shall be provided to the IPIB.
The city approved and signed this resolution on March 16, 2022. William Byars agreed to this resolution and signed it on March 16, 2022. All parties had 90 days to meet the terms of this resolution.
The Iowa Public Information Board approved this resolution on March 17, 2022 and approved a 30 day extension on May 19, 2022.
The City of Adair acknowledged a violation of Iowa Code chapter 21. It approved the informal resolution at its March 16, 2021, Council meeting and included the full text in its minutes. A copy of the minutes has been provided to the IPIB on July 4, 2022.
The Mayor and the Clerk prepared a check list of the steps and procedures needed to hold a proper open meeting as outlined in Iowa Code section 21. A copy of this check list has been provided to the IPIB on July 4, 2022. On June 8, 2022, the council members and city officials participated in training led by the Iowa League of Cities. One council person and the city attorney were not present for the training. The council person was provided with a copy of the powerpoint presentation for him to review privately. The minutes of this meeting were provided to the IPIB on July 7, 2022.
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