24FC:0009 Brett Christensen/City of Silver City- Informal Resolution Report

Date: 5/16/2024

Subject: Brett Christensen/City of Silver City- Informal Resolution Report

Opinion:
The Iowa Public Information Board

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.”

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).

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.

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 March 21, 2024.

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

1. The Silver City 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 January 9, 2024 was insufficient and failed to provide twenty four hour notice to the public pursuant to Iowa Code §21.4. This acknowledgement shall be recorded in the minutes of said meeting and minutes shall be provided to the IPIB.
2. The Silver City 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 Silver City 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. Christensen approved the informal resolution on April 15, 2024.

Mayor McNutt approved the informal resolution on April 18, 2024. The Silver City City Council approved the informal resolution on May 14, 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