The Iowa Public Information Board
In re the Matter of: Brett Christensen, Complainant And Concerning: City of Silver City, Respondent |
Case Number: 24FC:0009 Acceptance Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.
Facts
Brett Christensen filed formal complaint 24FC:0009 on January 23, 2024, alleging the City of Silver City ("City") violated Iowa Code chapter 21 on January 9, 2024.
Mr. Christensen alleges at the Silver City council meeting on January 9, 2024, the City Council voted to make a change to the posted agenda at the beginning of the meeting. At the start of the council meeting, the mayor added a nominee for library board to the agenda, and changed the starting dates of the other two nominees. This was not reflected in the posted agenda.
The City Clerk responded by providing a copy of the agenda and minutes from the January 9, 2024 meeting. She stated, the "[a]genda was amended by the Mayor at the meeting, as you can see in the minutes requested. I went over the original agenda to be posted with the mayor on the Wednesday/Thursday prior to the meeting, so myself and Council were unaware of these changes when presented at the meeting.”
The following is an excerpt from the Silver City City Council minutes of January 9, 2024: “Motion to approve 1/9/24 meeting agenda by Boehm, 2nd Thomas. Mayor McNutt added to agenda at the meeting & amended #6 a-c; see below*. Motion by Schoening, 2nd Damewood. All ayes, motion carried.” And here is the action taken during the meeting: “Dept Reports: Library – motion to approve appointment of Amanda Vanderpool to Library Board for term ending 6/30/26* by Ramsey, 2nd Thomas. All ayes motion carried. Motion to approve reappointment of Phyllis Boyer to Library board for term ending 6/30/25* by Schoening, 2nd Damewood. All ayes, motion carried. Motion to approve appointment of Terri Elwood to Library Board for term ending 6/30/24* by Schoening, 2nd Thomas. All ayes, motion carried.”
Law
Iowa Code § 21.4(1)(a) requires “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.” This notice must be provided “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.” Iowa Code § 21.4(2(a).
Analysis
At the beginning of their meeting, the City amended their agenda to include actions not previously noticed as required under Iowa Code § 21.4. No emergency existed justifying the changed agenda, The City failed to provide notice of the actions to be taken at the council meeting at least twenty-four in advance in accordance with the requirements of Iowa Code § 21.4.
Conclusion
Iowa Code § 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 City amended its agenda at the beginning of the council meeting and deliberated and took action on items that were not properly noticed to the public at least twenty-four hours prior to the meeting.
IT IS SO ORDERED: Formal complaint 24FC:24FC:0009 is accepted as legally sufficient pursuant to Iowa Code § 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 March 21, 2024. 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.