Date:
10/21/2021
Subject:
Pamela Winebrenner/Grand Junction City Council - Acceptance Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Pamela Winebrenner, Complainant And Concerning: Grand Junction City Council, Respondent |
Case Number: 21FC:0086
Acceptance Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order:
Pamela Winebrenner filed formal complaint 21FC:0086 on September 14, 2021, alleging that the Grand Junction City Council (Council) violated Iowa Code chapter 21.
Ms. Winebrenner alleged that September 13, 2021, the Council utilized paper balloting to appoint a council member. The votes were collected during the open meeting and the results were announced, but the individual vote of each member was not announced or otherwise recorded.
In response to the complaint, the city clerk stated that she was not present at the meeting in question, but was able to review a recording of the meeting. She stated:
“I was not present at the 9/13 council meeting...; however, the video shows the finance officer collecting the votes and counting them, showing the results to the mayor and then announcing the ‘winner’. Results (more detailed than the 8.9 meeting) are included in the 9/13 meeting minutes. I was not aware that each council member had to announce their vote or put their name on the voting slip to be announced.”
Iowa Code section 21.3 specifically requires that all votes be conducted in open session:
21.3 Meetings of governmental bodies.
Meetings of governmental bodies shall be preceded by public notice as provided in section 21.4 and shall be held in open session unless closed sessions are expressly permitted by law. Except as provided in section 21.5, all actions and discussions at meetings of governmental bodies, whether formal or informal, shall be conducted and executed in open session.
Each governmental body shall keep minutes of all its meetings showing the date, time and place, the members present, and the action taken at each meeting. The 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. The minutes shall be public records open to public inspection.
The Council is a governmental body, responsible for knowing and following the requirements of the open meetings law. It is required that the vote of each member present be made public and announced. This is normally done by the use of a roll call or voice vote.
Both parties described other events, such as using a resolution to authorize past Chapter 21 violations and the process used by the Council to fill vacancies. A governmental body cannot avoid the requirements of open meetings law by passing a resolution. The process to select replacement council members is not addressed by Iowa Code chapter 21 and 22, therefore, this issue is beyond the jurisdiction of the IPIB.1
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.
IT IS SO ORDERED: Formal complaint 21FC:0086 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). Parties shall cooperate with IPIB staff to reach an appropriate informal resolution to resolve the complaint pursuant to Iowa Code section 23.9.
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
1. See Iowa Code section 23.1: The purpose of this chapter is to provide an alternative means by which to secure compliance with and enforcement of the requirements of chapters 21 and 22 through the provision by the Iowa public information board to all interested parties of an efficient, informal, and cost-effective process for resolving disputes.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of October, 2021, to:
Pamela Winebrenner
City of Grand Junction
Jon Law, city attorney