24FC:0009 Brett Christensen/City of Silver City - Final Order

Topics:

Formal Complaints

Date:
08/15/2024

Subject:
Brett Christensen/City of Silver City - Final Order

Opinion:

The Iowa Public Information Board

In re the Matter of:

Brett Christensen, Complainant


And Concerning:

City of Silver City,  Respondent

Case Number:  24FC:0009

Final Order

              

COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Final Order.

Facts

Brett Christensen filed formal complaint 24FC:0009 on January 23, 2024, alleging the City of Silver City (β€œCity”) 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: β€œMotion 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: β€œDept 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.

Procedure

The IPIB accepted this complaint on March 21, 2024. The parties worked toward an informal resolution agreement.

Mr. Christensen approved the informal resolution on April 15, 2024. The City Council approved the informal resolution on May 14, 2024.

IPIB provided training to the Council on July 9, 2024. All terms of the informal resolution have been met, so the complaint should be dismissed as resolved.