23FC:0047: Darran Sellers/Vinton City Council - Acceptance Order

Date:
05/18/2023

Subject:
Darran Sellers/Vinton City Council - Acceptance Order

Opinion:

The Iowa Public Information Board

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

On April 12, 2023, Darran Sellers filed formal complaint 23FC:0047, alleging that City of Vinton (City) violated Iowa Code chapter 21.

Mr. Sellers alleged that on February 27, 2023, the City held a “work session to interview applicants for appointment to an open seat on the City Council.” The seat was filled at the upcoming regular city council meeting on March 9, 2023. The Complaint involves the filing of minutes following the work session. His initial complaint involved the minutes for the meeting on February 27, 2023, but he provided additional information of eighteen other “special sessions” or “work sessions” that were noticed by the City, but no minutes were published.

In response, the City did provide notice of the Agenda notice and minutes for the February 27, 2023, meeting to IPIB. In reviewing the Complaint, however, there were no minutes for the work session posted on the city’s website and no Council Agenda included approval of the minutes from the work session that were provided.

Iowa Code § 21.3 requires the City “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 be public records open to public inspection.”

Based on the information provided, there does appear to be a pattern and practice of noticing meetings to comply with the requirements of Chapter 21 by the City, but no minutes seem to be prepared of these meetings as required under Iowa Code § 21.3.

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. This complaint meets the necessary requirements for acceptance.

IT IS SO ORDERED:  Formal complaint 23FC:0047 is accepted pursuant to Iowa Code § 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). The City is required to prepare minutes of all meetings, whether they are “work sessions” or regular council meetings.

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.