23FC:0039: Kenneth Brown/City of Sidney - Dismissal Order

Date:
05/18/2023

Subject:
Kenneth Brown/City of Sidney - 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:

On March 24, 2023, Kenneth Brown filed formal complaint 23FC:0039, alleging that City of Sidney (“City”)  violated Iowa Code chapters 21 and 22.

Mr. Brown alleged that on March 20, 2023, the City refused to share employee personnel records with him upon request, which he alleges he is entitled to have as Mayor of the City. He also alleges that the City violated Chapter 21 when it held a “Special Meeting” of the council on March 22, 2023, and provided a vague reason for holding the meeting. In addition, he alleges the agenda prepared for the meeting was misleading and the meeting was called incorrectly. He alleged additional improprieties and conflicts of council members that are not within the jurisdiction of IPIB.

The City responded and stated that Mr. Brown’s request was for documentation of oral reprimands he had issued to city employees that are a part of each employee’s file. Under Chapter 22, this information is confidential. Upon being denied copies of the information, the situation was escalated by Mr. Brown who came to city hall and personally and loudly demanded the clerk provide him the records. The interaction resulted in a majority of the city council calling a special meeting according to City Code Chapter 17.04 to address the concerns raised by the city clerk.

The meeting was noticed and the agenda was posted 24 hours prior to the meeting being held. The agenda had four items: approve agenda, discuss code of conduct violation, discuss/approve city manager appointment; adjourn. Minutes of the meeting were prepared that showed these topics were discussed.

Upon review of the Complaint, the City notified Mr. Brown that it would not release the personnel files of city employees because they are confidential under Iowa Code § 22.7(11)(a), which relates to personal information in personnel records. Iowa Code does provide that the following can be disclosed:
(1) The name and compensation of the individual including any written agreement establishing compensation or any other terms of employment excluding any information otherwise excludable from public information pursuant to this section or any other applicable provision of law…
(2) The dates the individual was employed by the government body.
(3) The positions the individual holds or has held with the government body.
(4) The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual’s previous employers, positions previously held, and dates of previous employment.
(5) The fact that the individual resigned in lieu of termination, was discharged, or was demoted as the result of a disciplinary action, and the documented reasons and rationale for the resignation in lieu of termination, the discharge, or the demotion.  For purposes of this subparagraph, "demoted" and "demotion" mean a change of an employee from a position in a given classification to a position in a classification having a lower pay grade.

Mr. Brown, however, sought a copy of the entire personnel record of employees to take to his home. The City properly notified Mr. Brown that his public records request could not be provided because of the confidential nature of the records. The City’s withholding of the personnel files was not a violation of Iowa Code Chapter 22.

Likewise, there was no Chapter 21 violation. The City provided the posted agenda, minutes, and a recording of the meeting to IPIB. IPIB reviewed these materials and verified that the discussion in the meeting was related to the topics stated in the noticed agenda.

Iowa Code § 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. Following a review of the allegations on their face, it is found that this complaint does not meet those requirements.

IT IS SO ORDERED:  Formal complaint 23FC:0039 is dismissed as it is without merit pursuant to Iowa Code § 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). The City properly withheld confidential personnel files, which are confidential under Chapter 22. The City also properly noticed a meeting to discuss City business regarding concerns regarding treatment of the City Clerk and how best to address the concerns.

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 May 18, 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.