Date:
10/19/2023
Subject:
Pamela Jo Brodie-Fitzgerald/City of Marquette - Dismissal Order
Opinion:
The Iowa Public Information Board
Pamela Jo Brodie-Fitzgerald, Complainant And Concerning: City of Marquette, Respondent |
Case Number: 23FC:0092 Dismissal Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Facts
Pamela Jo Brodie-Fitzgerald filed formal complaint 23FC:0092 on September 19, 2023, alleging that the City of Marquette violated Iowa Code chapter 21 on February 14, 2023.
Ms. Brodie-Fitzgerald alleged that this complaint centers around the process the City of Marquette and its council members used to “take over” the 4th of July celebration from American Legion Post #305. On February 10, 2023, the City of Marquette posted an event on their Facebook page. She states that the Council held a special meeting regarding the celebration at 5:30 pm on February 14, 2023, and no minutes were taken. She also adds that no one contacted any Legion member about attending the meeting. The American Legion Post had previously organized the celebration.
Ms. Brodie-Fitzgerald lists the Legion’s following issues in her complaint about the City’s action:
- Change in parade time.
- Allowing other food vendors while the Legion has their food stand open.
- Not being given a say in any of the changes.
- The “behind closed doors” way of the City and Council.
- The serious impact on the only fundraiser of the Legion.
- There is no record of who, when, and why changes were made to the celebration.
- The monetary impact on local businesses.
Stephen Weipert, Mayor of Marquette provided a response on behalf of the City. He states that the City did not violate Iowa Code chapter 21. The planning for the 4th of July celebration begins in October/November of the previous year when the City’s event calendar is being prepared. The event calendar is not something that is approved by Council. There was no change to the Legion portion of the celebration. The Mayor reports that the city had been in contact with Ms. Brodie-Fitzgerald at various points leading up to the celebration.
Mayor Weiport responded that at the February 14, 2023, Council meeting, a special planning session was added to the February agenda. The agenda was posted in accordance with Iowa laws and in a manner as all other meetings. During this special session regarding the celebration, ideas were discussed but there was no formal action taken. He believes that the misunderstanding of this matter was due to a lack of communication.
Law
Iowa Code §21.4(1)(a): …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.
Iowa Code §21.4(2)(a): …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.
Analysis
IPIB staff reviewed the agenda and minutes of the February 14, 2023, meeting. It determined that there was sufficient information provided on the agenda to understand that the Council would be meeting at 5:30 p.m. to have a “July Celebration Planning Session.” The code does not require additional details to be included. The minutes of that meeting were also reviewed and they include the time, date, those in attendance, and the subject matter that was discussed.
In addition, staff reviewed minutes from October 24, 2022, that included a discussion of possible changes to the July Celebration. The City of Marquette did not violate Iowa Code chapter 21.
Conclusion
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 23FC:0092 is dismissed as legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). The City did not violate any open meeting code section.
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 October 19, 2023. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Erika Eckley, J.D.