23FC:0130 Keegan Jarvis/Swan City Council- Informal Resolution Report

Date:
05/16/2024

Subject:
Keegan Jarvis/Swan City Council- Informal Resolution Report

Opinion:

The Iowa Public Information Board

Keegan Jarvis filed formal complaint 23FC:0130 on November 27, 2023, alleging that the Swan City Council violated Iowa Code chapter 21 on November 14, 2023.

Mr. Jarvis alleged that at Swan City Council meeting on November 14, 2023 that 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 City of Swan provided a response for the city to this complaint.  Mr. Bailey provided the IPIB with the City 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 14th. 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.

Analysis
IPIB staff reviewed the allegations and response in this complaint.  The City did provide an audio recording and detailed minutes of the closed session that they took during their meeting.  However, the agenda of the Council meeting does not indicate that the Council would be going into closed session pursuant to Iowa Code §21.4(1)(a).  A stated provision of Iowa Code §21.5(1) was not provided as the purpose of the closed session. A motion was not made to enter into closed session pursuant to Iowa Code §21.5(2) nor a vote taken indicating individual member determination to enter a closed session.  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).

Staff believes that training of this City Council and city staff is necessary to ensure that the public has access to business of this governmental body and the Council functions in a transparent manner. The Swan City Council violated Iowa Code chapter 21 at their meeting held on November 14, 2023.

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. 

The formal complaint was accepted by the IPIB on January 18, 2024.

Pursuant to Iowa Code §23.9, the parties negotiated and reached an informal resolution.
The parties agree to the following terms:

1. The Swan City Council will acknowledge at an open meeting that there are sufficient facts to show that the notice and agenda of a meeting held on November 14, 2023 was insufficient pursuant to Iowa Code §21.4. They will also acknowledge violations pursuant to Iowa Code §21.5 related to their closed session. This acknowledgement shall be recorded in the minutes of said meeting and minutes shall be provided to the IPIB.
2. The Swan City Council shall conduct training during an open meeting for all Council members and staff 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 Swan 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 this informal resolution will be completed within 60 days of acceptance by all parties.  Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.

Mr. Jarvis approved the informal resolution through an email on April 14, 2024.

The Swan City Council approved the informal resolution on March 4, 2023.  In addition the City has schedule a training to be led by the IPIB on May 16, 2024.

The IPIB Deputy Director recommends that the IPIB approve the informal resolution and authorize the IPIB Chair to sign the informal resolution on behalf of the IPIB.

By the IPIB Deputy Director

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Brett J. Toresdahl