Date:
03/03/2023
Subject:
Bonnie Basemann/City of Clayton - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Bonnie Basemann, Complainant And Concerning: City of Clayton, Respondent |
Case Number: 23FC:0004 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:
On January 17, 2023, Bonnie Basemann filed formal complaint 23FC:0004, alleging that the City of Clayton (City) violated Iowa Code chapters 21 and 22 on January 16, 2023.
Ms. Basemann alleged that the City passed a resolution for a public hearing at a City council meeting in December 2022. According to that resolution, a public hearing was to be held on January 16, 2023, concerning the sale of certain properties. She alleged that the agenda for the January 16, 2023, meeting did not list this proposed action.
At the January 16, 2023, City council meeting, Ms. Basemann alleged that the City voted on three items not on the agenda: an ordinance, a resolution, and a liquor license.
A temporary City clerk responded to the complaint on January 27, 2023. The clerk stated that a former City clerk had mistakenly emailed the wrong version of the agenda to various residents. She added that the proper notice was posted as required by Iowa law, as well as the notice for the public hearing. Copies of both notices were provided to support her response.
Iowa Court section 21.4(1)(a) requires the posting of a notice of a meeting of a governmental body:
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. (Emphasis added.)
There is no requirement that a governmental body send notice to citizens or post a notice on a website. In this factual situation, there is no violation of Iowa law, even though the City misled some citizens by emailing an incorrect notice to them.
Unfortunately, the events alleged by Ms. Basemann do not substantiate a finding of a violation of Iowa Code chapter 21, open meetings laws.
It is strongly recommended that the City enact a policy or at least a checklist to ensure that such a mistake does not occur in the future. If the City intends to provide email notice to citizens or post notice on a website, it is imperative that the City send updated and correct agendas. Failure to send accurate notice and agendas implies that the City does not believe in government transparency or care about the public’s interest in the City actions.
Ms. Baseman also alleged a violation of Iowa Code chapter 22, public records laws. No information was provided to describe or support this allegation.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 23FC:0004 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 March 3, 2023. 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, J.D.
CERTIFICATE OF MAILING
This document was sent on the ___ day of February, 2023, to:
Bonnie Basemann
City of Clayton