23FC:0077: Clifford Davis/Grand River City Council-Dismissal Order

Date:
08/17/2023

Subject:
Clifford Davis/Grand River City Council-Dismissal Order

Opinion:

The Iowa Public Information Board

On July 17, 2023, Clifford Davis filed formal complaint 23FC:0077, alleging that the Grand River City Council (City) violated Iowa Code chapter 21.

On July 17, 2023, Clifford Davis filed formal complaint 23FC:0077, alleging that the Grand River City Council (City) violated Iowa Code chapter 21.

Background
The City posted notice of its regular council meeting, which was to be held on June 20, 2023. Mr. Davis alleges that instead of convening on the date specified in the notice, the Council held a “special meeting” on June 19, 2023, without notice.

In response to the complaint, the City confirmed that it amended the date of the meeting from June 20, 2023, to June 19, 2023. The City stated that the meeting date was changed because of scheduling conflicts for four of the five council members on the originally scheduled date. Further, the City explained that because of the presence of time-sensitive action items on the agenda, the meeting could not be rescheduled to occur later than the originally scheduled meeting date of June 20. The Council posted the amended notice of the new meeting date on June 16, 2023—three days before June 19, the date the meeting occurred. The amended notice was posted in the same publicly accessible locations as the original notice.

Analysis
The City is a governmental body subject to the open meeting laws set forth in chapter 21 of the Iowa Code. The issue raised in this complaint is whether the City complied with the public notice requirements under that Code chapter.

Governmental bodies must provide public 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.” Iowa Code § 21.4(1)(a). Notice generally must be given “at least 24 hours prior to the commencement of a meeting” Iowa Code § 21.4(2)(a). “If a governmental body is prevented from convening an otherwise properly noticed meeting under the requirements of subsection 1, the governmental body may convene the meeting if the governmental body posts an amended notice of the meeting conforming with all of the requirements of subsection 1.” Iowa Code § 21.4(2)(c).

Here, the City gave proper notice of the council meeting that was to be held on June 20. However, scheduling conflicts of a majority of the council members prevented the City from convening the meeting on that date. Therefore, in accordance with § 21.4(2)(c), the City posted an amended notice conforming with all of the requirements of § 21.4(1) and stating that the meeting would be held on June 19 instead of June 20. The City posted this amended notice on June 16, 2023—more than 24 hours in advance of the amended meeting date.

Conclusion
Chapter 21 allows a governmental body to provide an amended meeting notice of a properly noticed meeting. The City posted such an amended notice, and it did so more than 24 hours in advance of the commencement of the meeting. Therefore, the City did not violate Chapter 21, and this complaint lacks merit.

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:0077  is dismissed as legally insufficient pursuant to Iowa Code § 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.