Date:
03/03/2023
Subject:
Rick Sharp/Cedar Falls City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Rick Sharp, Complainant And Concerning: Cedar Falls City Council, Respondent |
Case Number: 23FC:0016 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 February 8, 2023, Rick Sharp filed formal complaint 23FC:0016, alleging that the Cedar Falls City Council (Council) violated Iowa Code chapters 21 and 22 at a meeting on February 6, 2023.
The Council properly posted an agenda for the February 6, 2023, meeting. The agenda item in question was listed under the “Resolution Calendar”. This agenda item noted:
“(The following items will be acted upon by roll call vote on a single motion without separate discussion, unless someone from the Council or public requests that a specific item be considered separately.)” (Emphasis added.)
During this meeting, the Council removed item 11 from the Resolution Calendar to consider separately. During that open discussion, an amendment was submitted for the agenda item. Following a discussion, the Council voted to approve the amendment and then to approve the resolution as amended.
Agenda item 11 stated:
Resolution approving and authorizing execution of a Terminal Leave of Absence, Resignation, and Mutual Release Agreement with John Bostwick relative to employment with the City.
The amendment directly related to this agenda item.
Iowa Code section 21.4(1)(a) states 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 for the February 6, 2023, meeting adequately described the proposed resolution.
Chapter 21 does not prohibit a governmental body from considering an amendment to any agenda item during an open meeting as long as it is germane to the agenda item.
Mr. Sharp alleged that the amended resolution should have been tabled to allow citizens an opportunity to contact Council members to register their disagreement with the amended resolution. This is not required by Iowa Code chapter 21.1
No information was provided to support any allegation of a violation of Iowa Code chapter 22, public records laws. The Council made available to the public copies of the Council meeting packet prior to the meeting. The unamended resolution was included in that packet, but not the amendment submitted during the meeting. That document was not available at the time the packet was prepared.
Based upon a review of the information provided by the parties, there is no evidence that a violation of Iowa Code chapter 21 or 22 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:0016 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.
1. Citizens present at the meeting, including Mr. Sharp, were provided an opportunity to address the Council on the proposed amendment, even though this is also not required by Iowa Code chapter 21.
CERTIFICATE OF MAILING
This document was sent on the ___ day of February, 2023, to:
Rick Sharp
Kevin Rogers, legal counsel for the Cedar Falls City Council