23FC:0010: Richard Schnormeier/City of Zearing- Informal Resolution Final Report

Date:
07/20/2023

Subject:Richard Schnormeier/City of Zearing- Informal Resolution Final Report

Opinion:

The Iowa Public Information Board

COMES NOW, Brett Toresdahl, Deputy Director for the Iowa Public Information Board (IPIB), and respectfully submits this informal resolution final report for formal complaint 23FC:0010.

On January 27, 2023, Richard Schnormeier filed formal complaint 23FC:0010, alleging that the City of Zearing (City) violated Iowa Code chapter 21 by not including a member’s vote in the minutes from the December 14, 2022, city council meeting.

A review of the minutes from the December 12, 2022, council meeting shows that no individual votes are noted on any matters considered by the city council, except for one vote.  A review of the January 9, 2023, council minutes also included votes without proper identification.

Iowa Code section 21.3 provides the requirements for proper minutes:

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.

Mr. Schnormeier also alleged a violation of Iowa Code chapter 22.  However, he did not provide any details to determine that this allegation has merit.  Therefore, this allegation is not considered.

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 as to the matter of the minute’s insufficiencies only.

The formal complaint was accepted by the IPIB on March 3, 2023.

Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution.
The parties agree to the following terms:

1. The City Council will acknowledge at a public meeting that the minutes of meetings held on December 12, 2022 and January 9, 2023 were insufficient pursuant to Iowa Code chapter 21.3. This acknowledgement shall be recorded in the minutes of said meeting.
2. The City shall conduct training during an open meeting for all council members and administrative staff on Iowa Code chapters 21 and 22 (Sunshine Laws).  The City may utilize the power point training available on the IPIB website. The Council shall work with City Attorney and the Iowa League of Cities to provide the training to the Council and officials.      
3. The City Council shall approve this resolution during an open meeting and include the full text in the minutes of said meeting.  Said minutes shall be provided to the IPIB.

The Zearing City Council approved and signed this resolution on April 11, 2023. Mr. Schnormeier agreed to this resolution and signed it on April 24, 2023.  All parties had 60 days to meet the terms of this resolution. The Iowa Public Information Board approved this resolution on May 18, 2023.

The City Council acknowledged a violation of Iowa Code chapter 21.  It approved the informal resolution at its April 11, 2023 Board meeting and included the full text in its minutes.  A copy of the minutes has been provided to the IPIB on June 22, 2023.

On June 22, 2023, the Council and Clerk participated in training led by the Iowa League of Cities. All Council members were present. Mickey Shields presented the training.   The minutes of this meeting were provided to the IPIB on June 26, 2023.

The proof of compliance has been provided. Therefore, the IPIB should dismiss this complaint as successfully resolved.

By the IPIB Deputy Director

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Brett J. Toresdahl