23FC:0083: Brendan Chaney/City of Iowa Falls - Acceptance Order

The Iowa Public Information Board

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

Facts

Brendan Chaney filed formal complaint 23FC:0083 on August 14, 2023, alleging that the City of Iowa Falls (“City”)violated Iowa Code chapter 21 on July 17, 2023 and July 24, 2023.

Mr. Chaney alleges the City posted an original agenda for a City Council meeting on July 17, 2023, that did not give sufficient information regarding discussion and potential action regarding the operations of the Iowa Falls Police Department Dispatch Center. The agenda simply stated “Discussion and Operations” under “Police Department Operations.” An amended agenda, posted the morning of July 17, 2023, was changed to include “Discussion and Action” under “Police Department Operations.”  Mr. Chaney alleges the amended agenda did not provide information sufficient to alert the public regarding the matter under consideration. The amended agenda, he further alleged, was posted less than twenty-four hours prior to the meeting.

Mr. Chaney also alleges the notice for the City Council meeting on July 24, 2023, was posted less than twenty-four hours prior to the meeting.  He alleges it was posted on the city’s website the morning of the 4:30 p.m. special meeting. He alleges this meeting was scheduled for an unusual day and time that would not be reasonable for interested parties to attend on such short notice.

Kaci Elkin, City Clerk for the City provided a response for the City. She explained the notice posted for the meeting. The original agenda was sent to Times-Citizen, the local paper, on Friday, July 14, 2023, at 10:00 am. On Monday, July 17, 2023 the amended agenda that changed the wording for item #19 from “discussion and operations” to “discussion and action” was sent at 7:52am.  Ms. Elkin contends that the Code requires twenty-four hours’ notice “unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given.”  This would have provided at least 8 hours of notice and only changed one word from the original agenda.

Ms. Elkin shared that the notice for the second meeting was sent to the Times Citizen on July 21, 2023, at 3:47 p.m. for the July 24, 2023, meeting.  Over 72 hours of notice was given.

Jody Anderson, Administrator for the City provided additional explanation. He stated that the change in the July 17 agenda was due to a clerical error identified by one of the council members.  Mr. Anderson provided several other council agendas to illustrate their use of terms “discussion and operation” and “discussion and action.” He stated that the notice of the meetings was posted at the front counter of city hall besides being sent to the newspaper. This is their standard procedure. Mr. Anderson also explained that the City knew the discussion would be regarding staffing at the dispatch center and the potential that the City may lose its dispatch if it was not able to be fully staffed and operational for twenty-four hours a day, seven days a week.

Law

 

[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. Iowa Code 

…notice conforming with all of the requirements of subsection 1 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.

When it is necessary to hold a meeting on less than twenty-four hours’ notice, or at a place that is not reasonably accessible to the public, or at a time that is not reasonably convenient to the public, the nature of the good cause justifying that departure from the normal requirements shall be stated in the minutes. Iowa Code § 21.4.

Analysis

IPIB staff reviewed the circumstances explained as part of this complaint.  It appears that the city did post their notice at the city hall to meet the requirements under Iowa Code §21.4(1)(a).  The July 17, 2023, notice however was changed with less than twenty-four hours’ notice.  The city cited the exemption referenced in Iowa Code §21.4(2)(b), but failed to provide an explanation in the minutes of the meeting regarding why the change was necessary. This did not appear to be an emergency action that could not be delayed until the next meeting which was one week later.

The change in the wording of the agenda indicated that it would be a possible action item but still remained vague as to what the action would be considering.  In reviewing other agendas from the city in recent meetings, more details are currently being used to clarify the action of the council.

In responding to the Complaint, the City acknowledged that it knew it would be discussing at least the staffing of the dispatch center. The description in the agenda, even after the revision was still vague and would not have given notice to anyone in the community that this was the topic to be considered.. The issue is not “whether the notice given by the governmental body could have been improved, but whether the notice sufficiently apprised the public and gave full opportunity for public knowledge and participation. In determining whether the public was sufficiently approsed, we may consider the public’s knowledge of an issue and actual participation in evens in light of the history and backgraoud of that issue.” KCOB/KLVN, Inc. v. Jasper County Bd. Of Sup’rs, 473 N.W.2d 171, 173 (Iowa 1991).

The evidence provided by Mr. Chaney indicates that the City’s dispatch was a controversial topic that had received community involvement and interest in the past. Using such a generic topic when typical descriptions of issues are provided could not reasonably provide notice to the community that the dispatch staffing would be discussed.

The notice for the July 24, 2023 was sent to the paper three days prior. It is unclear whether posting the agenda in the city hall over the weekend was in such a manner as to be visible and provide notice. Regardless, the agenda topic and revised topic were not sufficiently descriptive to give notice regarding a planned discussion on the City’s dispatch staffing.

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. Following a review of the allegations on their face, it is found that this complaint meets those requirements.

IT IS SO ORDERED:  Formal complaint 23FC:0118 is accepted 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), 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 December 21, 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.

CERTIFICATE OF MAILING

This document was sent by electronic mail on the December 13, 2023, to:

Brendan Chaney

Jody Anderson, City Administrator