22FC:0047: David Huffman/Batavia City Council- Probable Cause Report

Date:
07/20/2023

Subject:
David Huffman/Batavia City Council- Probable Cause Report

Opinion:

The Iowa Public Information Board

COMES NOW Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and respectfully submits this probable cause report for formal complaint 22FC:0047.

Background
On May 25, 2022 David Huffman filed formal complaint 22FC:0047, 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.

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.

The IPIB accepted this complaint on July21, 2022. Pursuant to Iowa Code section 23.9, IPIB staff proposed an Informal Resolution with the following terms:

1. The Council will acknowledge at a public meeting that the Batavia City Council did not post a notice for the meeting on May 9, 2022 that provided an agenda in a manner reasonably calculated to apprise the public of action that it would be taking at that meeting. This acknowledgement shall be recorded in the minutes of said meeting.
2. The Mayor and the Clerk shall work with the League of Cities to develop a check list to be used in the development of agendas pursuant to Iowa Code chapter 21. Said document shall be provided to the IPIB.
3. The Council shall conduct training during an open meeting for all council members and city officials, on Iowa Code chapters 21 and 22 (Sunshine Laws). The Council may utilize the power point training available on the IPIB website. The Council shall work with the Iowa League of Cities to provide the training to the council and officials.
4. The Council shall approve this resolution during an open meeting and include the full text in the minutes of said meeting. Said minutes shall be provided to the IPIB.

The terms of the informal resolution were to be completed within 60 days of acceptance by all parties. Upon showing proof of compliance, the IPIB would then dismiss this complaint as successfully resolved.
 

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

The agenda item in this matter did not meet the expectations of this code section. Additional detail in the agenda was needed to notify the public that bids would be opened and accepted.

The information provided by the parties indicates that Iowa Code chapters 21 was not properly followed by the Batavia City Council.

Summary
On July 21, 2022, the Iowa Public Information Board accepted this complaint. IPIB Staff attempted to negotiate an informal resolution with all parties. The complainant, Mr. Huffman, signed the agreement on October 11, 2022. The Batavia City Council was not agreeable to the term in the informal resolution acknowledging the alleged violation of provisions within Iowa Code chapter 21.

The terms within the draft informal resolution were adjusted to address the comments from the Council. This version was not signed by Mr. Huffman or the Council. The Council agreed to comply with the training requirements set forth in terms #2 & #3 at their January 9, 2023, meeting.

The Batavia City Council scheduled and held a training on April 10, 2023, conducted by the Iowa League of Cities. This satisfied the main term within the draft resolution which calls for training during an open meeting for all Council members and City officials, on Iowa Code chapters 21 and 22 (Sunshine Laws). At their April 24, 2023, the Council approved a check list for the development of agendas and it also approved the terms of the informal resolution which
they have completed. Minutes of both meetings were provided to the IPIB.

The Council has completed the recommended remediation terms and provided documentation to IPIB staff. Staff is satisfied that an acceptable resolution has been reach for this complaint without having an informal resolution agreed to.

IPIB Action
The IPIB has several options upon receipt of a probable cause report. According to Iowa Administrative Rule 497 - 2.2(4):
“Board action. Upon receipt and review of the staff investigative report and any recommendations, the board may:
a. Redirect the matter for further investigation;
b. Dismiss the matter for lack of probable cause to believe a violation has occurred;
c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or
d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding”.

Recommendation
Based upon investigation of the complaint, I recommend that the IPIB determine probable cause does exist to believe the Batavia City Council did violate Iowa Code chapter 21 by failing to properly notice the Council meeting on May 9, 2022.

I further recommend that this complaint be dismissed in its entirety as an exercise of administrative discretion pursuant to Iowa Administrative Code Rule 497 - 2.2(4)(c), as the Council has completed appropriate remediation pursuant to the request of IPIB staff.

Respectfully submitted this 20th day of July, 2023.
_______________________________
Erika Eckley, J.D.
Executive Director