22FC:0047 David Huffman/Batavia City Council - Acceptance Order

Date:
07/21/2022

Subject:
David Huffman/Batavia City Council - Acceptance Order

Opinion:

The Iowa Public Information Board

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

David Huffman filed formal complaint 22FC:0047 on May 25, 2022, alleging that the Batavia City Council (Council) violated Iowa Code chapters 21 and 22.

Mr. Huffman alleged that the Council failed to post a meeting notice for the May 9, 2022, Council meeting.  He further alleged that the Council took action on a matter that was not on the agenda.

Legal counsel for the Council responded to the complaint on May 27, 2022, and noted that the meeting notice and agenda was properly posted.  He provided a copy of the agenda and minutes for the meeting in question.

The agenda provided by legal counsel included this item:  “Discussion on selling of 400 4th.”  However, the meeting minutes indicated that the Council not only discussed this sale, but also opened sealed bids and accepted a bid for the sale of the property. 

Iowa Code section 21.4(1)(a) requires that the posted meeting agenda provide a copy of the agenda of the meeting “... in a manner reasonably calculated to apprise the public of that information.”

The IPIB website offers guidance on the drafting of an agenda:

In its opinion in KCOB/KLVN, Inc. v. Jasper County Bd. of Sup’rs., 473 N.W.2d 171 (Iowa 1991), the Iowa Supreme Court set forth several guidelines for meeting notices and tentative agendas. These included:

1.  “… (T)he content of a tentative agenda notice can be subject to change. … (A) proper construction of the notice provision in section 21.4 allows discussion and action on emergency items that are first ascertained at a meeting for which proper notice was given. … However, if action can be reasonably deferred to a later meeting, this should be done.”  In other words, if action can be delayed for at least 24 hours to allow for legal notice, it should be.
2. “… The sufficiency of the detail on the tentative agenda must be viewed in the context of surrounding events.” Here the Court said that the test for a tentative agenda was whether the information was reasonably sufficient to alert interested people as to the subject matter to be considered. (For example, in Vandaele v. Board of Education (2002 WL 575666), the Iowa Court of Appeals ruled that a brief item on a school board agenda was sufficient, citing evidence that the superintendent had discussed the issue in newspapers and that the meeting was well publicized.)
3. The Court said that the standard for compliance with the meeting and notice procedures should be “substantial” rather than “absolute.” That is, the Court will not find a public agency to be in violation of Chapter 21 if the violation is strictly or primarily a technical one where the precise letter of the law is not followed. If a public agency acting in good faith substantially complied with the law, that will be sufficient for the Court.
4. The Court did caution, however, that “a lack of wrongful intent to violate the open meetings law cannot excuse non-compliance.” The Court affirmed legislative intent that ignorance of the legal requirements of Chapter 21 is not a defense against substantive violations.1

If the Council planned to open bids and sell the property in question, that should have been specified on the agenda so that the public would be fully advised of the action to be taken.

Mr. Huffman also alleged a violation of Iowa Code chapter 22 (public records law) occurred, but did not provide any information regarding this allegation.

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 as to Iowa Code chapter 21.

IT IS SO ORDERED:  Formal complaint 22FC:0060 is accepted as to the open meetings allegation 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 July 21, 2022.  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

1. See https://ipib.iowa.gov/faq/guidelines-tentative-agenda-and-reasonable-notice.

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of July,  2022, to:

David Huffman

Lucas Helling, legal counsel for the Batavia City Council