Date:
11/18/2021
Subject:
Todd Williams/City of Silver City - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Todd Williams, Complainant And Concerning: City of Silver City, Respondent |
Case Number: 21FC:0088 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 September 25, 2021, Todd Williams filed formal complaint 21FC:0088, alleging that the City Council of Silver City (Council) violated Iowa Code chapters 21 and 22.
Mr. Williams alleged that at the August 2, 2021, council meeting, he offered to purchase property in Silver City for “$2,000 plus cleanup.” He alleged his offer was ignored, and another offer for $1.00, plus cleanup, was approved instead. The other offer was made by a Council member who abstained from the vote.
On August 9, 2021, Mr. Wiiliams filed a request for certain public records concerning the land sale:
- The 8/2/21 resolution for the sale of the property,
- The 8/2/21 agenda,
- A recording of the 8/2/21 meeting,
- The 8/2/21 meeting sign in sheet,
- The paperwork from the city attorney read at the meeting,
- A copy of the “billing for the legal actions provided by attorney for the city of Silver City”,
- The deed given to the purchaser,
- The receipt for the purchase,
- Copies of the Silver City ordinance governing the transaction, and
- “Verification of procedure of the sale...in accordance of the Iowa Code.”
The Mayor, on behalf of the Council, responded to the complaint on September 22, 2021, noting that copies of the records for items # 1, 2, 4, 5, 9, and 10 were available at City Hall for Mr. Williams to pick up. Item # 3 did not exist, as the meeting was not recorded. Item # 6 was not available, as the city attorney had not billed the Council for his legal work.
Item # 7, the deed for the property, had not been finalized. Item # 8, the receipt, was not provided in the record release. For items # 9 and # 10, the Mayor provided copies of Silver City Ordinance 145 (dangerous buildings), the district court decision awarding the property to Silver City, the offer letter from the buyers, and minutes of the August 2, 2021, meeting.
Mr. Williams responded that he was unsatisfied with the responses from the Council concerning items # 3, 5, 6, 8, 9, and 10, stating that the “Ombudsman directed me to request this information as the actions of the mayor and council are questionable.”
The Mayor, on behalf of the Council, stated that the notes from the city attorney were returned to the attorney after being read at the open meeting. As of October 20, 2021, the Council still did not have a bill from the attorney (Item # 6) and the deed had not been completed (Item # 7). A copy of the receipt dated 9/21/21 for $1.00 (Item # 8) was provided at this time. She added that all the documents the Council had concerning Items # 9 and 10 were previously presented.
Mr. Williams replied on October 26, 2021, noting that returning the attorney notes to the attorney violates Iowa Code section 372.13(5b) and that there was no reason for a delay in the billing. He added that the copy of the receipt cut off part of the signature of the city employee receiving the funds. He also stated that the documents provided in answer to requests # 9 and 10 did not justify the action taken by the Council.1
From a full review of the records requested and the documents released, it appears that Iowa Code chapter 22 was not violated by the Council. The validity of the sale and the requirements of Iowa Code section 372.13 are not matters within the jurisdiction of the IPIB pursuant to Iowa Code section 23.1.
Nothing alleged by Mr. Williams supports the finding of a violation of Iowa Code chapter 21, open meetings laws.
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:0088 is dismissed as legally insufficient and beyond the jurisdiction of the IPIB 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 November 18, 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. Iowa Code section 372.13(5)(b) sets time frames for retention of certain council records concerning real property transactions. It is not clear that attorney notes would fall within this Code section. The Mayor said that the city attorney rarely bills the Council for legal advice, so it is not unusual to not receive a bill. The deed was finally received in early November, and a copy would be made available for Mr. Williams. The full name of the person signing the receipt is Kathy Bauge, a former city employee. Request # 10, “Verification of procedure of the sale...in accordance of the Iowa Code” requests justification for the Council’s actions. The documents released are those documents used by the Council to support the sale of the property at issue.
CERTIFICATE OF MAILING
This document was sent on the ___ day of November, 2021, to:
Todd Williams
City of Silver City