Date:
08/15/2024
Subject:
Keegan Jarvis/City of Swan - Final Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Keegan Jarvis, Complainant
City of Swan, Respondent | Case Number: 23FC:0130 Final Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Final Order.
Facts
Keegan Jarvis filed formal complaint 23FC:0130 on November 27, 2023, alleging that the Swan City Council (Council) violated Iowa Code chapter 21 on November 14, 2023.
Mr. Jarvis alleged that at the Council meeting on November 14, 2023, Councilmen Bill Gobble declared, “we are now going into the closed session portion of our meeting. Any people not on the current council must leave and will be invited back in after the session is over.”
Mr. Jarvis points out that several violations occurred as they relate to Iowa Code § 21.5. There was no individual vote taken to indicate the approval of each member to enter closed session. The reason for the closed session was not stated. Mr. Jarvis believes that minutes of the closed session were not taken and that an audio recording of the session was not made. He claims that the discussion of the closed session was not kept confidential, and he understands that bringing action against residents was discussed.
Mr. Nicholas Bailey, attorney for the Council provided the IPIB with the Council meeting notice/tentative agenda, minutes, closed session minutes, and audio recording of the closed session. He was made aware of the specific situation at the November 14, 2023, meeting, the purported closed session held at that time, and a purported vote therein by Councilman Gobbel.
Mr. Bailey stated that the Council’s normal procedure is to have one meeting per month. The council keeps minutes of all its public meetings as required by Iowa Code Chapter 21. The council does record any closed session and keeps separate meeting minutes for those sessions. Mr. Bailey was not aware the Council would attempt to go into closed session on November 14. Following that meeting, he discussed with Councilman Gobbel, the Council’s ability to go into closed session at a future meeting at which he would be present. He stated that it was apparent that the Council was under the mistaken belief it could go into closed session on November 14. A vote was taken during that closed session that resulted in a final decision.
The City Attorney, Mr. Bailey has discussed with the City as to how they can rectify the actions taken at the November 14, 2023 meeting. He believes that his proposed actions remedy any potential non-compliance with Iowa Code chapter 21 and follow the spirit of open and full disclosure in the Open Meetings provisions of the Iowa Code.
The formal complaint was accepted by IPIB on January 18, 2024.
The parties approved the informal resolution. IPIB approved the informal resolution report on May 16, 2024.
IPIB staff provided training on May 16, 2024.
Proof of compliance with the terms of the Informal Resolution were provided on August 8, 2024.
Based on this, all terms of this Informal Resolution have been completed and the IPIB should dismiss this complaint as successfully resolved.
By the IPIB Executive Director
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Erika Eckley, J.D.