Date:
11/17/2022
Subject:
Karl Billings/Newton City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Karl Billings, Complainant And Concerning: Newton City Council, Respondent |
Case Number: 22FC:0109
Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Karl Billings filed formal complaint 22FC:0109 on October 7, 2022, alleging that the Newton City Council (Council) violated Iowa Code chapter 21 on October 3, 2022.
Mr. Billings alleged the Mayor of Newton violated Iowa Code section 21.3 when he directed the police chief to arrest someone during an open meeting on October 3, 2022. Mr. Billings also alleged that this action violated the constitutional right to free speech.
Legal counsel for the Council responded to the complaint on October 17, 2022. In response to the allegations, legal counsel stated that it does not appear that the complaint alleged anything concerning Iowa Code section 21.3. He stated that the agenda for the October 3, 2022, meeting was properly noticed and attached a copy of the meeting notice.
Counsel added that any allegations concerning the Mayor’s duties and the constitutional right to free speech would not be within the jurisdiction of the IPIB.1
Iowa Code section 21.3 states:
21.3 Meetings of governmental bodies.
Meetings of governmental bodies shall be preceded by public notice as provided in section 21.4 and shall be held in open session unless closed sessions are expressly permitted by law. Except as provided in section 21.5, all actions and discussions at meetings of governmental bodies, whether formal or informal, shall be conducted and executed in open session.
Each governmental body shall keep minutes of all its meetings showing the date, time and place, the members present, and the action taken at each meeting. The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session. The minutes shall be public records open to public inspection.
There is no information indicating that this section was not followed.
Iowa Code section 21.7 allows a governmental body to set reasonable rules for the conduct of meetings:
21.7 Rules of conduct at meetings. The public may use cameras or recording devices at any open session. Nothing in this chapter shall prevent a governmental body from making and enforcing reasonable rules for the conduct of its meetings to assure those meetings are orderly, and free from interference or interruption by spectators. (Emphasis added.)
Upon reviewing the audio recording of the October 3, 2022, it appears that the individual was given an opportunity to speak to the Council about 44 minutes into the meeting. The speaker would not provide his last name or address and began accusing a police officer of criminal activity. When he refused to stop speaking or leave the podium, law enforcement intervened. When he continued to refuse to leave the room, the officer arrested him and escorted him from the room.
The rules of public speaking were announced prior to the first speaker addressing the Council. There were many other speakers during public comment who spoke without incident. The rules were reasonable and within the requirements of Iowa Code section 21.7.2
Iowa Code chapter 21 does not mandate that a governmental body must allow individuals to speak during a public meeting, although most governmental bodies do this.
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 does not meet those requirements.
IT IS SO ORDERED: Formal complaint 22FC:0109 is dismissed as legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
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. Counsel included a link to a recording of the meeting. At one point during the meeting, an individual made comments to the Council that violated the meeting rules concerning Citizen Participation. When this individual failed to stop making inappropriate comments, law enforcement asked him to stop talking. When he would not, he was arrested for disorderly conduct pursuant to Iowa Code section 723.4.
2. Rules included: 1. three minutes speaking time, 2. concerning city policy or services, and 3. not containing any derogatory comment about any individual. The speaker had been previously warned about these comments at the September 6, 2022, meeting.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of November, 2022, to:
Karl Billings
Matt Brick, legal counsel for the City of Newton.