Date:
11/17/2022
Subject:
Rodney Anderson/Massena City Council - Acceptance Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Rodney Anderson, Complainant And Concerning: Massena City Council, Respondent |
Case Number: 22FC:0079
Acceptance Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.
Rodney Anderson filed formal complaint 22FC:0079 on August 20, 2022, alleging that the Massena City Council (Council) violated Iowa Code chapter 21 on June 22, 2022.
Mr. Anderson alleged that the Council had a properly noticed meeting set for June 20, 2022. That meeting was canceled on June 20, 2022, and the notice of cancellation was noted on the City of Massena’s social media page. However, he alleged that the Council then held a meeting on June 22, 2022, without any posted notice at either the normal places of notification or on social media.
The city clerk contacted the IPIB by telephone on September 6, 2022, and indicated that she had forgotten to post the amended notice for the rescheduled meeting. Legal counsel for the Council responded to the complaint on October 14, 2022, indicating the same information.
Iowa Code section 21.4(2)(a) requires the posting of written notice of a meeting of a governmental body at least 24 hours prior to the meeting. Section 21.4(2) provides the requirements for holding a meeting with less than 24 hour notice:
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.
b. When it is necessary to hold a meeting on less than twenty-four hours’ notice, or at a place that is not reasonably accessible to the public, or at a time that is not reasonably convenient to the public, the nature of the good cause justifying that departure from the normal requirements shall be stated in the minutes.
c. If a governmental body is prevented from convening an otherwise properly noticed meeting under the requirements of subsection 1, the governmental body may convene the meeting if the governmental body posts an amended notice of the meeting conforming with all of the requirements of subsection 1. (Emphasis added.)
It is apparent that the June 22, 2022, meeting was held without proper notice.
Mr. Anderson also alleged a violation of Iowa Code chapter 22. However, the only information concerning a public records request included in his complaint was a request for records that he made for the first time in his complaint. There is no evidence that this request was improperly denied prior to the filing of his complaint.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint meets the necessary requirements for acceptance as to the matter of improper notice only.1
IT IS SO ORDERED: Formal complaint 22FC:0079 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). Parties are directed to work with IPIB staff to negotiate an informal resolution 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 November 17, 2022. 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
1. Mr. Anderson included a list of 13 matters that he wanted the IPIB to review or order on his behalf. However, these matters are beyond the scope of the authority granted to the IPIB in Iowa Code chapter 23.
CERTIFICATE OF MAILING
This document was sent by electronic or U.S. postal mail on the ___ day of November, 2022, to:
Rodney Anderson
Justin Hockenberry, legal counsel for the Massena City Council