23FC:0063 & 23FC:0066: Laurie Kramer and Greg Preussner, Complaintants/City of Delhi -  Consolidation & Acceptance Order

Date:
08/17/2023

Subject:
Laurie Kramer and Greg Preussner, Complaintants/City of Delhi -  Consolidation & 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.

Facts
Laurie Kramer filed formal complaint 23FC:0063 on June 13, 2023, alleging that the City of Delhi (City) violated Iowa Code chapter 21 on June 12, 2023, at its city council meeting.

Gary Preussner filed formal complaint 23FC:0066 on June 19, 2023, alleging that the City of Delhi (City) violated Iowa Code chapter 21 on June 12, 2023.

Ms. Kramer and Mr. Preussner alleged that the City added two items to the Council’s agenda after it had been posted.  They believe the items were controversial and that they may have been left off the agenda intentionally so citizens were not aware the issues would be addressed.

City Clerk DeAnna Hogan provided to the IPIB a copy of the posted agenda and a copy of the agenda used in the meeting with two hand written additions noted on it.  She also provided a copy of the minutes for the June 12, 2023, Council meeting.  Those minutes show that two items were added to the agenda and unanimously approved by the Council.  The minutes also show that action was taken by Council on the two additional items.  Ms. Hogan acknowledges that the two items were added to the agenda at the meeting.

Edward Henry, attorney for the City provided a response to the complaints. He acknowledged the two items were added to the agenda at the start of the meeting and not included on the tentative agenda previously posted. He stated the omission from the agenda was simply an oversight on the part of the clerk and not a deliberate act.  Mr. Henry emphasized the actions taken during the meeting on these two issues did not need Council approval as the municipal code allows the Mayor to act to address nuisances within the city.

Iowa Code § 21.4 Public notice:    
1. … 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. Reasonable notice shall include advising the news media who have filed a request for notice with the governmental body and posting the notice on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting, or if no such office exists, at the building in which the meeting is to be held.
2. a. Notice conforming with all of the requirements of subsection 1 of this section shall be given at least twenty-four hours prior to the commencement of any meeting of a governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given.

Analysis
The City did not provide proper notice of the agenda of their meeting in a manner reasonably calculated to apprise the public of what would be addressed at the meeting.  The City confirms two items that were not included in prior notice were added to the agenda. Action was taken on those items later in the meeting.  The public was not provided knowledge about the potential for these items to be considered and so had no advance notice of the need to attend the meeting to observe these actions being considered.

IPIB staff also notes there is an additional notice violation.  The posted notice did not list a time for the meeting, which is required in Iowa Code § 21.4(1). The City violated Iowa Code § 21.4 by failing to provide 24 hour notice of the agenda items to be considered.

Conclusion
Because both complaints are related to the same meeting and the same issue, they should be consolidated. 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.  These complaints meet those requirements.

IT IS SO ORDERED:  Formal complaints 23FC:0063 and 23FC:0066 are consolidated and accepted as legally sufficient 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 August 17, 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.