23FC:0083 Brendan Chaney/City of Iowa Falls- Probable Cause Report and Order

Date:
05/16/2024

Subject:
Brendan Chaney/City of Iowa Falls- Probable Cause Order

Opinion:

The Iowa Public Information Board

COMES NOW Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and respectfully submits this probable cause report for formal complaint 23FC:0083.

Background

On August 14, 2023 Brendan Chaney filed formal complaint 23FC:0083 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.

The formal complaint was accepted by the IPIB on December 21, 2023. Pursuant to Iowa Code §23.9, IPIB staff proposed an informal resolution with the following terms:

1.      The Iowa Falls City Council will acknowledge at an open meeting that there are sufficient facts to show that the notice and agenda of the meetings held on July 17, 2023 and July 24, 2023 was insufficient pursuant to Iowa Code §21.4. This acknowledgement shall be recorded in the minutes of said meeting and minutes shall be provided to the IPIB.
2.      The Iowa Fall City Council shall conduct training during an open meeting for all Council members and members of the City's staff, and department heads on Iowa Code chapters 21 and 22 (Sunshine Laws). The City shall work with the Iowa League of Cities and the Iowa Public Information Board to provide the training to the Council and staff. 
3.    The City shall consider best practices to change the location of posting meeting notices that allows the public improved access to the notices.                                     
4.      The Iowa Falls 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 terms of the informal resolution were to be completed within 60 days of acceptance by all parties.  Upon showing proof of compliance, the IPIB would then dismiss this complaint as successfully resolved.

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 apprised, we may consider the public’s knowledge of an issue and actual participation in events in light of the history and background 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.

Summary

On December 21, 2023, the Iowa Public Information Board accepted this complaint.  IPIB Staff attempted to negotiate an informal resolution with all parties.  The terms within the draft informal resolution were adjusted to address the comments from the parties. The complainant, Mr. Chaney, was not agreeable to the terms in the informal resolution. The City of Iowa Falls signed the agreement on March 18, 2024, acknowledging the alleged violation of provisions within Iowa Code chapter 21.

The Council agreed to comply with the training requirements set forth in term #2. The Iowa Falls City Council scheduled and held a training on February 20, 2024, conducted by the Iowa League of Cities.  This satisfied the main term within the draft resolution which calls for training during an open meeting for all Council members and City officials, on Iowa Code chapters 21 and 22 (Sunshine Laws).  At their March 18, 2024 meeting, the Council acknowledged the violation and approved the informal resolution and the terms which they have completed. Minutes of both meetings were provided to the IPIB.

The Council has completed the recommended remediation terms and provided documentation to IPIB staff. Staff is satisfied that an acceptable resolution has been reach for this complaint without having an informal resolution agreed to. 

IPIB Action

The IPIB has several options upon receipt of a probable cause report.  According to Iowa Administrative Rule 497 - 2.2(4):

Upon receipt and review of the staff investigative report and any recommendations, the board may:

a.         Redirect the matter for further investigation;
b.         Dismiss the matter for lack of probable cause to believe a violation has occurred;
c.         Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or
d.          Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding”.

Recommendation

Based upon investigation of the complaint, I recommend that the IPIB determine probable cause does exist to believe the Iowa Falls City Council did violate Iowa Code chapter 21 by failing to properly notice the Council meeting on July 17, 2023.

I further recommend that this complaint be dismissed in its entirety as an exercise of administrative discretion pursuant to Iowa Administrative Code Rule 497 - 2.2(4)(c), as the Council has completed appropriate remediation pursuant to the request of IPIB staff.

Respectfully submitted this 16th day of May, 2024.

_______________________________

Erika Eckley, J.D.

Executive Director