The Iowa Public Information Board
In re the Matter of: Leah Schwery, Complainant And Concerning: City of Ute, Respondent |
Case Number: 24FC:0030 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 March 17, 2024, Leah Schwery filed formal complaint 24FC:0030, alleging that City of Ute (“City”) violated Iowa Code chapter 21.
Facts
Ms. Schwery alleges that the minutes from the January 10, 2024, City Council meeting failed to include the vote of each member on the question of holding the closed session. She also alleges the minutes show “Miller” recorded as an Aye vote on the motions. Miller's term on the city council ended in 2023. There is no individual vote recorded for current council member “Pithan” on these motions. The minutes were published Jan. 18, 2024 and the City Council approved the minutes at its meeting in February.
In response, the City provided a copy of amended minutes with the previous errors corrected.
Applicable Law
Iowa Code § 21.3 requires “[e]ach governmental body shall keep minutes of all its meetings showing the date, time and place, the members present, and the action taken at each meeting. The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session. The minutes shall be public records open to public inspection.”
“The vote of each member on the question of holding the closed session and the reason for holding the closed session by reference to a specific exemption under this section shall be announced publicly at the open session and entered in the minutes.” Iowa Code § 21.5(2).
Analysis
The amended minutes state that the City went into closed session “pursuant to Code of Iowa §21.5(1) to discuss strategy with legal counsel in matters that are presently in litigation or where
litigation is imminent and where its disclosure would be likely to prejudice or disadvantage the government.” The vote was “All Ayes.” With the unanimous vote, this would have met the 2/3rd threshold to enter the closed session.
The amended minutes also corrected the name of the council person from “Miller” to “Pithan.”
As the minutes have been amended to include the corrected information, any violation of chapter 21 has been remedied.
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.
All errors and omissions in the minutes have been remedied in the amended minutes for the January 10, 2024, City Council meeting.
IT IS SO ORDERED: Formal complaint 24FC:0030 is dismissed as it involves harmless error 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.