Date:
10/21/2021
Subject:
Steve & Sue Graham/City of College Springs - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Steve and Sue Graham, Complainants And Concerning: City of College Springs, Respondent |
Case Number: 21FC:0083 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 August 31, 2021, Steve and Sue Graham filed formal complaint 21FC:0083, alleging that the City of College Springs (City) violated Iowa Code chapters 21 and 22.
They allege that the City is:
Not following proper procedure for motions. Not following proper procedure for nominating Council members. Not informing public and maintaining procedure when appointing Council Members not elected. Not posting minutes in a timely manner, not posting accurate minutes, but altered to their desire, not posting complete expenditures of the City so residents know what is happening. Refusal to let residents access public documents. Appointments have been made, but upon arriving residents are told they do not know where information is or they do not know how to access it.
The Grahams asked that the IPIB: Investigate lack of transparency and legalities of how the City's finances and reporting is being done.
When asked for additional information and specific examples, with dates, of the alleged violations, the Grahams responded with copies of emails in which they requested an appointment with the city clerk, asked questions about the City’s use of space in Amity Hall to hold council meetings, questioned the amounts the City pays for rent and insurance, and asked why the City bills are not included in council agendas.
The emails also described the concerns the Grahams have with actions taken by the previous mayor of the city in vetoing actions taken at council meetings and the accuracy of the minutes.1
The Grahams also alleged that the City is violating Iowa Code chapter 21 by failing to post meeting notices in a more visible location in the post office and by failing to maintain the City Facebook page.
Iowa Code section 21.4(1)(a) outlines the requirements for proper notice of a meeting of a governmental body. The City is required to post notice “on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting, or if no such office exists, at the building in which the meeting is to be held.”
The City is properly posting the meeting notice at the Amity Hall building, where the council meetings are held. Post office and social media notice is not required by Iowa Code chapter 21.2
Iowa Code section 21.3 states that minutes “shall show the results of each vote taken and information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session.”
IPIB staff was able to review the August 10, 2021, agenda and minutes. No violations of Iowa Code chapters 21 and 22 were apparent. The minutes do indicate that the Mayor vetoed certain motions passed by the council.
City staff answered the questions posed by the Grahams. The emails submitted by the Grahams indicate that they were allowed to view copies of bills that the City possessed. Whether these bills are required to be included on council meeting agendas is not addressed by Iowa Code chapters 21 and 22.3
Although the Grahams have described numerous complaints they have with the City and how its officers conduct City business, there is nothing alleged that could be considered a violation of Iowa Code chapters 21 and 22.
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 meet those requirements.
IT IS SO ORDERED: Formal complaint 21FC:0083 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 October 21, 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, J.D.
1. The emails also included excerpts from audits in 2013 and 2019 that the Grahams claimed are not properly followed by the City.
2. The city clerk noted that the post office determines where notice can be placed in that building, not the City. The City also posted notice at the South Page School building. Neither of these locations are required by Iowa Code chapter 21.
3.The emails submitted by the Grahams on September 5, 6, and 7, 2021, also did not allege violations of Iowa Code chapters 21 and 22.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of October, 2021, to:
Steve and Sue Graham
City of College Springs