Date:
11/18/2021
Subject:
Larry Thompson/Jesup City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Larry Thompson, Complainant And Concerning: Jesup City Council, Respondent |
Case Number: 21FC:0100 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 October 16, 2021, Larry Thompson filed formal complaint 21FC:0100, alleging that the Jesup City Council (Council) violated Iowa Code chapters 21 and 22 by failing to “set a date for workshop but continued city council meeting into workshop without separate notification of two different meetings to the public.”
Copies of the agenda and the minutes for the October 4, 2021, council meeting were provided by the city clerk. The agenda listed “WORKSESSION - FUTURE PROJECT” as the last agenda item for the meeting. The meeting minutes included the discussion of “the Community Center project, North Street re-paving, Young and 10th Street Water and Sewer Main project, 220th Street Sanitary Sewer Extension, and the Wastewater Treatment Plant project” as the discussion topics for this agenda item.
The city attorney responded to the complaint on October 21, 2021, noting that the original complaint filed by Mr. Thompson alleged a violation of both open meetings and public records laws, but did not describe a public record violation.1
In response to the allegations made by Mr. Thompson, the city attorney stated that the notice for the October 4, 2021, council meeting was posted on October 1, 2021, at the posting board outside City Hall, on the city website, and emailed to residents who have requested individual notice.
She added that it is not a violation of Iowa Code chapter 21 to include a worksession as an agenda item at a meeting of a governmental body.
Iowa Code section 21.2(2) defines a meeting of a governmental body:
2. “Meeting” means a gathering in person or by electronic means, formal or informal, of a majority of the members of a governmental body where there is deliberation or action upon any matter within the scope of the governmental body’s policy-making duties. Meetings shall not include a gathering of members of a governmental body for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of this chapter.
Iowa Code chapter 21 does not differentiate between a regular meeting, a workshop, a worksession, a special meeting, or any other word that could be used to describe a gathering of a majority of members to deliberate or take action. If a gathering meets the definition provided by Iowa Code section 21.2(2), then the requirements of Iowa’s open meetings laws must be followed.
It is not necessary that a governmental body hold a separate meeting even if described as a worksession on the agenda.
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:0100 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 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. Mr. Thompson did not provide a description or any evidence of the alleged public records violation. It is most likely that he selected the wrong check box when filing his complaint online.
CERTIFICATE OF MAILING
This document was sent on the ___ day of November, 2021, to:
Larry Thompson
Heather Prendergast, city attorney