Date:
10/20/2022
Subject:
Kaye Bax/City of Fontanelle - Acceptance Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Kaye Bax, Complainant And Concerning: City of Fontanelle, Respondent |
Case Number: 22FC:0100
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.
Kaye Bax filed formal complaint 22FC:0100 on September 14, 2022, alleging that the City of Fontanelle (City) violated Iowa Code chapter 21 by going into a closed session without listing such a session on the agenda and without a proper vote on July 25, 2022.
The City provided a copy of the agenda and the minutes for the July 25, 2022, meeting. The agenda did not list the closed session. The minutes did not indicate the votes of the members present to go into closed session.
Ms. Bax also alleged other violations of Iowa Code section 21.5, such as not providing documentation that the employees requested the closed session, as required by Iowa Code section 21.5(1)(i), and going “off topic” during the closed session.1
Iowa Code section 21.5 provides the requirements for conducting a proper closed session. It is apparent that the City did not follow these requirements.
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.
IT IS SO ORDERED: Formal complaint 22FC:0097 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 October 20, 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. Ms. Bax also alleged that the council members were rude when telling the public to leave, did not provide an appropriate place for the public to wait during the closed session, and that the minutes have not been published as required by Iowa Code section 372.13. These are issues that are beyond the jurisdiction of the IPIB.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of October, 2022, to:
Kaye Bax
Amanda Held, city clerk