22FC:0119 Rodney Anderson/Massena City Council - Dismissal Order

Date:
12/15/2022

Subject:
Rodney Anderson/Massena City Council - Dismissal Order

Opinion:

The Iowa Public Information Board

COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.

Rodney Anderson filed formal complaint 22FC:0119 on November 11, 2022, alleging that the City of Massena (City) violated Iowa Code chapters 21 and 22 on September 12, 2022.

Mr. Anderson alleged that on September 12, 2022, the City held a regular city council meeting that included a hearing.  The agenda had a typographical error, listing the meeting date as September 12, 2021, not 2022.  He stated that he mentioned this to the council, but the meeting continued.

Mr. Anderson raised concerns that the regular meeting and the hearing were scheduled for the same time.  He alleged that the City improperly allowed citizen comment prior to the hearing.  He alleged that he spoke both during the meeting and the public hearing, but the hearing minutes did not note that he spoke.

Mr. Anderson requested that the IPIB provide his complaint to the Iowa Legislature and request laws that would separate hearings from regular meetings.

Iowa Code section 21.4(1)(a) provides the requirements for proper notice:

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.

The agenda did contain a typographical error with the wrong date listed.  However, the notice had been posted properly without anyone noticing this error.  There was no evidence that anyone was negatively affected by this error.  

The other allegations made by Mr. Anderson are not violations of Iowa Code chapter 21.

Mr. Anderson also alleged that the City violated Iowa Code chapter 22 (public records).  He did not provide any information to support this allegation.

The City and Mr. Anderson are the parties in formal complaint 22FC:0079.  This complaint was accepted by the IPIB on November 17, 2022.  The parties are currently negotiating an informal resolution that will include training for the City.

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.  While there was a typographical error on the agenda, this appears to be harmless error.

IT IS SO ORDERED:  Formal complaint 22FC:0119 is dismissed as harmless error 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 December 15, 2022.  Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.

By the IPIB Executive Director

________________________________

Margaret E. Johnson

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of December,  2022, to:

Rodney Anderson (U.S. Mail)

Justin Hockenberry, legal counsel for the City of Massena