23FC:0019 Chip Collison/Blencoe City Council - Dismissal Order

Date:
04/20/2023

Subject:
Chip Collison/Blencoe City Council - 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:

Chip Collison filed formal complaint 23FC:0019 on February 12, 2023, alleging that the Blencoe City Council (Council) violated Iowa Code chapter 21 on December 12, 2022.  Mr. Collison alleged that on that date, the Council held a closed session that did not follow the requirements of Iowa law.

Mr. Collison provided a copy of the agenda and the minutes from that meeting.  According to the agenda, the Council planned to go into closed season pursuant to Iowa Code § “21.5(i)” to discuss employees’ reviews and compensation.[1] 

The minutes for the meeting indicate that a proper vote was conducted.  Final action was taken by the Council in open session.

Mr. Collison alleged that the employees to be reviewed were not asked to consent to the closed session and were not invited into the closed session. 

Iowa Code section 21.5(1)(i) allows a governmental body to hold a closed session to “evaluate the professional competency of an individual whose appointment, hiring, performance, or discord is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session.”

This code section does not require that the governmental body invite the individual to attend the closed session.  However, it is required that the individual request the closed session.

The Mayor of Blencoe responded to the complaint on March 6, 2023.  She stated that a specific request was not given, but that “the decision was based upon my previous conversations with them about how personnel discussions during the council meetings should remain confidential.” 

The Council erred by assuming that each employee requested a closed session.  In the future, the Mayor promised that the individual will be asked in open session whether they wanted an open or closed session for a performance review. 

In reviewing this complaint, it is apparent that the IPIB is precluded from accepting the complaint as it was filed 62 days after the alleged violation.  The complainant was present at the meeting and able to observe the alleged violation.

Iowa Code section 23.7(1) states that a complaint “must be filed within sixty days from the time the alleged violation occurred….”  Because this complaint was not timely filed, the IPIB has no authority to accept the complaint. 

The Council should review the Iowa law concerning open meetings and public records to avoid any future violations.  The IPIB has a PowerPoint training available on the IPIB website that can be used for training.

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 does not meet the jurisdictional requirement.

IT IS SO ORDERED:  Formal complaint 23FC:0019 is dismissed as beyond the jurisdiction of the IPIB 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 by electronic mail on the 11th day of April, 2023, to:

Chip Collison

Janet Ryan, Mayor of Blencoe

[1] The proper citation to this code section is Iowa Code § 21.5(1)(i).