The Iowa Public Information Board
In re the Matter of: Kathryn Crumly, Complainant And Concerning: City of Grandview, Respondent |
Case Number: 24FC:0021 Dismissal Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On February 26, 2024, Kathryn Crumly filed formal complaint 24FC:0021, alleging that City of Grandview (“City”) violated Iowa Code chapters 21 and 22.
Facts
Ms. Crumly alleges that the City Council has adopted a “consent agenda” for City bills so there are no public records regarding bills paid or income generated. She alleges that without the bills at the meeting there is no way for the public to know or give input on the bills. She alleges that another individual requested a copy of the bills and this was not provided to her at the time.
She also alleges that the Grandview Community Club held a meeting to discuss the Club’s agenda for the year, including business directly relating to the City. This includes using the city-owned park for the club easter egg hunt, closing city streets and arranging a Fourth of July celebration. Ms. Crmuly alleges the city would lose money and that it was not proper for the city to donate anything to the Club’s events. She also alleges that City Council members attend the meetings even though they are not members of the Club.
Three Councilmembers responded to this complaint. Their responses were all similar. They all stated that Ms. Crumly is the former mayor of the City. During Ms. Crumly’s time as mayor, the City implemented a consent agenda to streamline meetings. This included approval of the City’s bills. They all describe a contentious meeting on February 12, in which Ms. Crumly and another citizen interrupted the Council meeting midway through. Ms. Crumly also filed complaints against members of the Council for expired golf cart tags, chicken permits, and expired dog permits. They stated that the Council always works to provide any information the public asks for and all of the claims are published in the paper, but the atmosphere on February 12 was one they were all trying to prevent additional conflict. They stated that there was no request for records, just a dissatisfaction with using a consent agenda and after complaining about the consent agenda, the individual left the building.
In regards to the allegations about the Club, Mayor Garrison stated, “The council members are aware of the open meetings law we talk about it routinely. The council does not gather at or discuss city business at community club meetings. The community Club is a tremendous asset to Grandview and its volunteer members work tirelessly to put on both the 4th of July and Easter Events here in Grandview. I think it’s important to note Grandview is a very small town without enough folks willing to step up and fill council seats or volunteer for community club events so having individuals that are part of multiple small-town groups is commonplace.”
Analysis
Consent agenda
The Complaint appears to be that by failing to provide copies of the bills to be paid as part of the consent agenda during the meeting, the City violated Iowa Code chapter 22. Neither Iowa Code chapter 21 nor Iowa Code chapter 22 require that council packets and documents be provided to the public as a matter of right. If a records request is made, the City must respond, of course, but it is difficult to determine from this complaint whether a request was made. The person who is alleged to have made a request is not the person who made the complaint. The person who made the complaint was the mayor when the consent agenda was put into place.
The City does publish all of the bills approved within the consent agenda in the Wapello Morning Sun in addition to the rest of the minutes of the meeting.
Grandview Community Club
The public-private collaboration between non-governmental entity and the City alone is beyond the jurisdiction of IPIB without an allegation of a chapter 21 violation. The complaint appears to be the collaboration in the community for events and that a few, but less than a majority, of the City Council members may occasionally attend these meetings or be involved as volunteers for the Club. There is no violation of Iowa Code chapter 21.
Conclusion
Iowa Code § 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. Following a review of the allegations on their face, it is found that this complaint does not meet those requirements.
The consent agenda does not violate Chapter 21 or 22. There is no Chapter 21 violation regarding the Grandview Community Club Easter and Fourth of July events.
IT IS SO ORDERED: Formal complaint 24FC:0021 is dismissed as it is without merit pursuant to Iowa Code § 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
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 April 18, 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.