23FC:0012 Mandi Hutchins/City of Linden - Dismissal Order

Date:
04/20/2023

Subject:
Mandi Hutchins/City of Linden - Dismissal Order

Opinion:

The Iowa Public Information Board

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

Mandi Hutchins filed a formal complaint 23FC:0012 on January 30, 2023, alleging that the City of Linden (City) violated Iowa Code chapter 21 by failing to include in the minutes of the January 23, 2023, city council meeting, that a decision to terminate her employment as the city clerk was made in open session.

On February 17, 2023, the City responded to Ms. Hutchins' complaint and provided the agenda and minutes from the January 23, 2023 City Council meeting.[1]

The City alleged Ms. Hutchins had resigned from her position as city clerk in November 2022. The City and Ms. Hutchins had agreed that she would continue to work as city clerk to assist with the transition to a new city clerk. Thereafter, it became apparent to the City that Ms. Hutchins had not been performing her duties as city clerk and had essentially abandoned her role, leaving many crucial administrative duties unfinished.

The City alleged that because Ms. Hutchins had already resigned and had then quit performing her duties, no decision to terminate her was necessary because the position had been abandoned. Because no formal decision was necessary, no such decision was made during the closed session or required in the open meeting. The City alleged that the discussion during closed session dealt only with ministerial items such as how to go about retrieving the electronic equipment and passwords that were still in Ms. Hutchins’ possession.

In response, Ms. Hutchison provided copies of text messages exchanged between city council member Tim Hays and herself as well as messages between her and Mayor Tom Kazlaurich. A review of the messages appears to suggest the decision for the city council to assume Ms. Hutchinson’s duties as city clerk was made in closed session.

In the text messages shared, Ms. Hutchins clearly requested the City conduct any discussions involving her job performance in closed session. The City complied with Ms. Hutchins’ request and conducted a closed session to discuss how to ensure all her responsibilities were being covered, which inherently included matters related to Ms. Hutchins’ job performance.

A governmental body may conduct a closed session to “evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session.” Iowa Code section 21.5(1)(i). However, “[f]inal action by any governmental body on any matter shall be taken in an open session unless some other provision of the Code expressly permits such actions to be taken in closed session.” Iowa Code § 21.5(3).

IPIB staff requested a copy of the closed session recording pursuant to Iowa Code section 23.6. The City provided the recording. IPIB staff reviewed the closed session recording and determined that the Council took no final action during the closed session; therefore, no violation of Chapter 21 occurred.

The Council conducted a closed session upon Ms. Hutchins’ request to discuss matters related to her job performance and duties to ensure all of her responsibilities were being covered. After listening to the closed session recording, IPIB staff determined that no final action was taken by the Council. Therefore no violation of Chapter 21 occurred.

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:0012 is dismissed as legally insufficient and without merit 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 April 20, 2023.  Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.

By the IPIB Executive Director

________________________________

Erika Eckley, J.D.

CERTIFICATE OF MAILING

This document was sent on the ___ day of April, 2023, to:

Mandi Hutchins

Adam Doll, attorney for City of Linden

[1] The minutes the City provided did not include the votes to enter closed session. Iowa Code Section 21.5(2) requires that “[t]he vote of each member on the question of holding the closed session and the reason for holding the closed session by reference to a specific exemption under this section shall be announced publicly at the open session and entered in the minutes.”

The minutes also did not specify how each member voted on other actions; instead, the minutes simply listed who made the motion and who seconded it.  Iowa Code section 21.3 requires that “[e]ach 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.”

IPIB Director Margaret Johnson brought these deficiencies to the City’s attention on February 21, 2023, and the City rectified them.