21FC:0089 Aaron Pals/Manly City Council - Dismissal Order

Date:
10/21/2021

Subject:
Aaron Pals/Manly City Council - Dismissal Order

Opinion:

The Iowa Public Information Board

COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:

On September 15, 2021, Aaron Pals filed formal complaint 21FC:0089, alleging that the Manly City Council (Council) violated Iowa Code chapter 21 on July 19, 2021.

Mr. Pals alleged that the Council discussed his job performance at an open meeting without notifying him.  

On September 22, 2021, the city clerk provided a copy of the agenda and minutes for the July 19, 2021, meeting.  The agenda contained an agenda item entitled, “9. Police  Discuss and review possible updates/changes.”  The minutes included “9. Police  Updates pertaining to the Police Department's weekend schedule were discussed.  As a reminder, Worth County does not cover weekends for backup except in emergencies in Manly.  Ensuring coverage on the weekend for the city is the primary concern of the council members.  It was also noted at meeting time no monthly stats had been turned in for the month of June.”  

On October 8, 2021, the city clerk provided additional information to show that the meeting notice for the July meeting was properly posted according to Iowa Code section 21.4.  Further, no action was taken by the Council concerning Mr. Pals at the July meeting.  

Iowa Code section 21.4 sets forth the requirements for posting notice:

21.4 Public notice.

1. a. Except as provided in subsection 3, a governmental body shall give notice of the time, date, and place of each meeting including a reconvened meeting of the governmental body, and the tentative agenda of the meeting, in a manner reasonably calculated to apprise the public of that information. Reasonable notice shall include advising the news media who have filed a request for notice with the governmental body and posting the 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.

2. a. Except as otherwise provided in paragraph “c”, notice conforming with all of the requirements of subsection 1 shall be given at least twenty-four hours prior to the commencement of any meeting of a governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given.  (Emphasis added.)

Iowa Code section 21.3 lists the requirements for minutes:

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 open meetings law, Iowa Code chapter 21, does not require a governmental body to provide individual notice to anyone except for news media outlets that have requested such.  It was not necessary for the Council to individually notify Mr. Pals of the meeting and the planned discussion of the police services.  A closed session could not have been held unless it was specifically listed and the requirements of Iowa Code section 21.5 were followed.

There were no violations of Iowa Code chapters 21 and 22 alleged by Mr. Pals.

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:0089 is dismissed as legally insufficient and without merit 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

________________________________

Margaret E. Johnson, J.D.

CERTIFICATE OF MAILING

This document was sent on the ___ day of October, 2021, to:

Aaron Pals

Manly City Council