21FC:0086 Pamela Winebrenner/Grand Junction City Council - Final Report & Dismissal Order

Date:
02/17/2022

Subject:
Pamela Winebrenner/Grand Junction City Council - Final Report & Dismissal Order

Opinion:

The Iowa Public Information Board

THIS MATTER comes before the Iowa Public Information Board (IPIB) for review of compliance with the terms of the Informal Resolution.

The IPIB finds that the terms of the Informal Resolution have been completed.

IT IS THEREFORE ORDERED that pursuant to the terms of the Informal Resolution this complaint is dismissed as successfully resolved.

SO ORDERED this 17th day of February, 2022.

________________________________

IPIB Chair

Before the Iowa Public Information Board

COMES NOW Margaret E. Johnson, Executive Director of the Iowa Public Information Board (IPIB) and submits this Final Report recommending dismissal of the complaint as successfully resolved through an informal resolution.

On September 14, 2021, Pamela Winebrenner (Complainant) filed formal complaint 21FC:0086 alleging that the Grand Junction City Council (Council) violated Iowa Code chapter 21.

Complainant alleged on 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 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.”

On October 21, 2021, the IPIB accepted the complaint pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a).

Pursuant to Iowa Code section 23.9, the parties negotiated and reached an informal resolution.

The parties agreed to the following terms:

1. The City Council will acknowledge the facts of the complaint are accurate. 
2.  The City will approve the informal resolution during an open meeting and include the full text in the minutes of said meeting. 
3. The City shall conduct training during an open meeting for all council members and city officials on Iowa Code chapters 21 and 22. The City shall coordinate with the Iowa League of Cities to provide the training. The City shall provide proof of attendance to the IPIB. 
4. The terms of this informal resolution shall be completed within 60 days. Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved. Proof of compliance shall be provided in the form of meeting minutes which reflect that each of the above terms has been fulfilled. 

The IPIB approved the terms of the informal resolution on November 18, 2021, and later granted a continuance for completion to February 14, 2022.

The terms of the Informal Resolution were successfully completed on February 9, 2022. The Council provided proof of completion on February 15, 2022.

It is recommended that the IPIB dismiss this complaint as successfully resolved through an informal resolution.  

Respectfully submitted this 17th day of February, 2022.

________________________________

Margaret E. Johnson, Executive Director