23FC:0063 & 66: Laurie Kramer & Greg Preussner/City of Delhi - Informal Resolution Report

On June 13, 2023 Laurie Kramer filed formal complaint 23FC:0063, alleging that the City of Delhi

(City) violated Iowa Code chapter 21 on June 12, 2023 at its city council meeting.

On June 19, 2023 Gary Preussner filed formal complaint 23FC:0066, 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.

Law

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.

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.

The formal complaint was accepted by the IPIB on August 17, 2023.

Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution.
The parties agree to the following terms:

1. The City Council will acknowledge that there are sufficient facts to show that the notice and agenda of a meeting held on June 12, 2023 was insufficient pursuant to Iowa Code chapter 21.4. This acknowledgement shall be recorded in the minutes of said meeting.
2. The City shall conduct training during an open meeting for all council members and administrative staff on Iowa Code chapters 21 and 22 (Sunshine Laws). The Council shall work with City Attorney and the Iowa League of Cities to provide the training to the Council and officials.                                                                                                                                                                                     
3. The City Council shall approve this resolution during an open meeting and include the full text in the minutes of said meeting.  Said minutes shall be provided to the IPIB.

The Delhi City Council approved and signed this resolution on October 9, 2023. Ms. Kramer agreed to this resolution and signed it on September 14, 2023. Mr. Preussner agreed to this resolution and signed it on September 18, 2023. All parties had 60 days to meet the terms of this resolution. The Iowa Public Information Board approved this resolution on October 19, 2023. 

The City Council acknowledged a violation of Iowa Code chapter 21.  It approved the informal resolution at its October 9, 2023 Council meeting and included the full text in its minutes of the December 11, 2023 Council meeting.  A copy of the minutes has been provided to the IPIB.

On December 11, 2023, the Council and Clerk participated in training led by the Iowa League of Cities. All Council members were present, except Brianne Wulfekuhle. Amanda Trebon Boyd presented the training.   The minutes of this meeting were provided to the IPIB. 

The proof of compliance has been provided. Therefore, the IPIB should dismiss this complaint as successfully resolved.

By the IPIB Deputy Director

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Brett J. Toresdahl