Date:
01/19/2023
Subject:
Rodney Anderson/Massena City Council - Probable Cause Report & Dismissal
Opinion:
Before The Iowa Public Information Board
|
In re the Matter of: Rodney Anderson, Complainant And Concerning: Massena City Council, Respondent |
Case Number: 22FC:0079
Probable Cause Report |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and respectfully submits this probable cause report for formal complaint 22FC:0079.
Background
Rodney Anderson filed formal complaint 22FC:0079 with the Iowa Public Information Board (IPIB) 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. 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.
The IPIB accepted this complaint on November 17, 2022. Pursuant to Iowa Code section 23.9, IPIB staff proposed an Informal Resolution with the following terms:
- The Council will acknowledge that the June 22, 2022, meeting did not meet the notice and agenda requirements of Iowa Code chapter 21.
- The Council will ensure that future Council meetings will be noticed and conducted following the requirements of Iowa Code chapter 21.
- The Council will schedule and hold a training session concerning the requirements of Iowa Code chapter 21. The training will be open to the public. The Council can arrange the training through the Iowa League of Cities or with the assistance of the Council’s legal counsel. The powerpoint presentation available on the IPIB website can be used as training materials.
- The Council will approve this informal resolution in an open meeting and include the entire text of the informal resolution in the Council minutes.
The terms of the Informal Resolution were to be completed within 90 days of the approval of all parties. Upon successful completion of the terms, the IPIB would then dismiss this complaint.
Legal Analysis
Iowa Code section 21.4 requires a governmental body to provide proper notice prior to holding an open meeting:
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.
b. Each meeting shall be held at a place reasonably accessible to the public and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impracticable. Special access to the meeting may be granted to persons with disabilities.
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.
3. Subsection 1 does not apply to any of the following:
a. A meeting reconvened within four hours of the start of its recess, where an announcement of the time, date, and place of the reconvened meeting is made at the original meeting in open session and recorded in the minutes of the meeting and there is no change in the agenda.
b. A meeting held by a formally constituted subunit of a parent governmental body during a lawful meeting of the parent governmental body or during a recess in that meeting of up to four hours, or a meeting of that subunit immediately following the meeting of the parent governmental body, if the meeting of that subunit is publicly announced in open session at the parent meeting and the subject of the meeting reasonably coincides with the subjects discussed or acted upon by the parent governmental body.
4. If another section of the Code requires a manner of giving specific notice of a meeting, hearing, or an intent to take action by a governmental body, compliance with that section. shall constitute compliance with the notice requirements of this section.
Both the legal counsel for the Council and the city clerk stated that the failure to repost the notice was an inadvertent mistake. Legal counsel has since provided a checklist for city staff to follow to ensure that proper procedures are followed in the future.
The Council has also voluntarily completed all the recommended remediation terms and provided documentation to IPIB staff.
Mr. Anderson did not approve the proposed Informal Resolution. He stated that he wanted the Council to make specific changes to its procedures that are not required by Iowa law.
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 Massena City Council did violate Iowa Code chapter 21 by failing to properly notice the rescheduled meeting on June 22, 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 19th day of January, 2023.
_______________________________
Margaret E. Johnson, J.D.
Executive Director
CERTIFICATE OF MAILING
This document was sent by U.S. mail or electronic mail on the ___ day of January, 2023, to:
Rodney Anderson
Justin Hockenberry, legal counsel for the Massena City Council