The Iowa Public Information Board
In re the Matter of: Adam Callanan, Complainant And Concerning: Des Moines City Council, Respondent |
Case Number: 23FC:0137
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
Adam Callanan filed formal complaint 23FC:0137 on December 21, 2023, alleging the Des Moines City Council (“Council”) violated Iowa Code §21.3 on December 20, 2023.
Mr. Callanan alleged on December 20, 2023, a majority of the Council met and handled city business without proper public notice. He believes they discussed the naming of a city building. He does not know all that was discussed or who was present because he was not there, but pictures from the event show at least four members of the Council attended. He was uncertain as to whether the meeting was exempt or if the Council announced the meeting separate from their usual announcements. Mr. Callanan had heard the Council was meeting on Wednesday prior to the meeting, but could find no information, so he assumed it would not include a majority.
Carol Moser, Deputy City Attorney, provided a response on behalf of the Council. She stated there was no "meeting" within the meaning of Iowa Code chapter 21 and nothing was "handled" by the Council. She explained the event was a public social event honoring a five-term incumbent Mayor. All Des Moines television stations and the Des Moines Register had reporters present. All four media outlets reported on the social event, including some reporting live from the reception. Notice of the reception was sent to the media by way of Mr. Coleman's email about the event. This email was posted to the City's notice bulletin board in City Hall, where Council meeting notices are normally posted.
She explained there was no "deliberation or action upon any matter within the scope of the governmental body's policy-making duties" conducted at the meeting. Councilmember Coleman made a statement that he would ask for a roll call to be placed on the January 8, 2024, Council Meeting agenda to consider naming the building for the outgoing mayor. It was specifically stated that the deliberation and vote on naming the building would be deferred to the Council's first open meeting in 2024. Contrary to the Complainant's allegations, there was no city business handled, the City did not name the building, and it was publicly communicated by Council Member Coleman that the "meeting and handling" of that city business would occur at a future public meeting of the Council.
Law
Iowa Code § 21.2(2) defines a meeting as a gathering of the majority of the members of a governmental body during which deliberation or action is taken regarding a governmental matter. “Meetings shall not include a gathering of members of a governmental body for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of this chapter.” Id.
Analysis
IPIB staff reviewed the issues alleged in this complaint. The event in question was a social reception honoring the outgoing mayor. Notice of the attendance of the Council was posted and provided to the media. During the reception, an announcement was made that a proposal would be brought to the Council at their next Council meeting regarding naming a building for the mayor. No further discussion or deliberation occurred. At the Council Meeting on January 8, 2024, the agenda included a vote on “Approving naming the building at 1200 Locust Street as the T.M. Franklin Cownie City Administration Building and waiving City Council Naming Policy.” According to the minutes, the motion carried unanimously.
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:0137 is dismissed as legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). The Des Moines City Council did not violate any part of the open meetings 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 February 15, 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.
CERTIFICATE OF MAILING:
This document was sent by electronic mail on the February 7, 2023, to:
Adam Callanan
Carol Moser, Deputy City Attorney, City of Des Moines