Subject:
Keegan Jarvis/Swan City Council - Acceptance Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Keegan Jarvis, Complainant And Concerning: Swan City Council, Respondent | Case Number: 23FC:0130 Acceptance Order
|
|---|
COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance 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.
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.” Iowa Code § 21.4
“A governmental body may hold a closed session only by affirmative public vote of either two-thirds of the members of the body or all of the members present at the meeting. A governmental body may hold a closed session only to the extent a closed session is necessary for any of [the enumerated reasons]. …The vote of each member on the question of holding the closed session and the reason for holding the closed session by reference to a specific exemption under this section shall be announced publicly at the open session and entered in the minutes. A governmental body shall not discuss any business during a closed session which does not directly relate to the specific reason announced as justification for the closed session.” Iowa Code § 21.5
Analysis
IPIB staff reviewed the allegations and response in this complaint. The City provided an audio recording and detailed minutes of the closed session they took during their meeting. There were several significant other deficiencies, however. The agenda does not indicate the Council would be going into closed session pursuant to Iowa Code §21.4(1)(a). A stated purpose aligning with Iowa Code §21.5 was not provided. A motion was not made to enter into closed session. A vote of the Council was not taken indicating each individual member’s determination to enter a closed session. Iowa Code §21.5(2). Minutes of the closed session indicate that a final vote was taken during the closed session in violation of Iowa Code §21.5(3).
Each of these violations have been acknowledged by the City. IPIB staff also notes there is an additional notice violation. The posted notice did not list a time for the meeting, which is required in Iowa Code § 21.4(1).
Based on these deficiencies and the admission of the Council to them, it is recommended this Complaint be accepted.
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 meets those requirements.
IT IS SO ORDERED: Formal complaint 23FC:00130 is accepted as legally sufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). The City Council did violate the 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 January 18, 2024. 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.