23FC:0091 - Michelle Hillman/Grand Junction City Council - Dismissal Order

The Iowa Public Information Board

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

Background

On September 14, 2023, Michelle Hillman (“Complainant”) filed formal complaint 23FC:0091, alleging that the Grand Junction City Council (“City Council”) violated Iowa Code chapter 21.

The Grand Junction City Council consists of five members: Ken Madsen, Paula Hoskinson, Dennis Jacobs, Lora Lyons, and the Complainant, Michelle Hillman. The Complainant alleges that on September 12, 2023, council member Paula Hoskinson, “called or texted three other council people to vote on hiring Kelly Beaman to clean out manholes within the city.”

The complaint implicitly alleges that these communications between council members regarding the hiring of a city employee constituted a meeting of the council that did not comply with the public notice, open session, and minute keeping requirements of chapter 21.

In response to the complaint, the mayor and other council members submitted letters detailing their version of the events leading up to the alleged violation. Grand Junction is in the process of making DNR-mandated updates to its sewer system. As the first step in this process, the City hired a company to clean and televise the sewer lines. The company required that the City locate and remove each manhole cover prior to the cleaning. Each manhole cover that was not removed would result in an additional fee of $350 for removal by the company.

Grand Junction employs one city maintenance employee, who resigned shortly after the City began locating and removing manhole covers. At its regular meeting on September 11, 2023, the City Council discussed the need to hire a new employee to ensure completion of the project and avoid incurring additional fees. A special meeting was scheduled for September 13, at which time the City Council was to make a hiring decision by vote.

In the interim, council member Paula Hoskinson continued locating and removing the manhole covers herself. On September 12, 2023, Hoskinson contacted the mayor to discuss potential candidates. Kelly Beaman, a local contractor, was identified as someone who might be willing and able to take over the project on short notice. After her conversation with the mayor, Hoskinson contacted council members Jacobs and Madsen, separately, to discuss the same. She then contacted Kelly Beaman and confirmed his interest in the job.

Later that day, council member Lyons called Hoskinson and asked for an update on potential candidates. The following day, September 13, 2023, the City Council convened its special meeting. The Complainant alleged that at the meeting, Hoskinson stated that she, Jacobs, Madesen, and Lyons had “already voted” to hire Beaman to complete the project. The Complainant further alleged that when she asked why she had been excluded from this vote, Hoskinson stated that the Complainant “has an attitude problem” and that she should have contacted Hoskinson if she wanted to participate in the decision making.

At the IPIB Board meeting on October 19, 2023, Paula Hoskinson provided additional statements to the Board regarding the allegations. She stated, among other things, that the city council discussed and voted on the hiring of Beaman at the September 13 special meeting.

Analysis

Chapter 21 governs meetings of governmental bodies. A “meeting” of a governmental body occurs when a majority of the members of the body gather to deliberate or act upon any matter within the scope of the governmental body's policy-making duties. Iowa Code § 21.2(2). Such meetings must comply with the public notice, open session, and minute keeping requirements of chapter 21.

The Grand Junction City Council is a five-member body, meaning that three members constitute a majority. Between the September 11 and September 13 council meetings, a series of individual conversations between Hoskinson and each of the other three council members. Because these conversations were one-on-one (i.e., consisted of only two council members, which is less than a majority of the council) and serial (i.e., did not occur contemporaneously) in nature, they technically did not constitute a meeting of the council. However, IPIB strongly discourages the use of such serial submajority discussions to evade the open meetings requirements of chapter 21. See 18AO:0010, “‘Serial’ submajority sessions of a governmental body and chapter 21 open meetings,” Iowa Public Information Board.

It is unclear why Hoskinson openly stated during the September 13 meeting that she, Jacobs, Madesen, and Lyons had “already voted” to hire Beaman for the project. Such a vote, had it occurred outside of the September 13 meeting, would have constituted a majority of the council taking action upon a matter within the scope of its policy-making duties—a clear violation of chapter 21. IPIB would encourage Ms. Hoskinson to be more circumspect in future when making statements as an elected official in a public forum. Nevertheless, the underlying facts contradict Hoskinson’s statement, and the council discussed and voted on the hiring of Beaman at the September 13 meeting in full compliance with chapter 21. 

Conclusion

The conversations between Hoskinson and the other council members were serial in nature and consisted of less than a majority of the city council. Hoskinson’s statement that she and the other council members had already voted on the issue, while concerning, is contradicted by the facts. The council discussed and voted on the issue at the properly noticed meeting on September 13. Thus, no improper meeting occurred that could have violated chapter 21, despite Hoskinson’s statement to the contrary. For these reasons, the complaint should be dismissed.

Iowa Code § 23.8 requires that a complaint be within IPIB’s jurisdiction, appear legally sufficient, and have merit in order to be accepted. Following a review of the allegations, it is found that this complaint does not meet those requirements.

IT IS SO ORDERED:  Formal complaint 23FC:0091 is dismissed 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.”  IPIB will review this Order on November 16, 2023.  Pursuant to Rule 497-2.1(4), the parties will be notified in writing of its decision.

By the IPIB Executive Director

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