24FC:0035: Shaylea Caris/Shelby City Council - Revised Dismissal Order

Date:
09/19/2024

Subject:
Shaylea Caris/Shelby City Council  - Dismissal Order

Opinion:

The Iowa Public Information Board

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

On March 23, 2024, Shaylea Caris filed formal complaint 24FC:0035, alleging the Shelby City Council (City) violated Iowa Code Chapter 21.

Facts

On March 5, 2024, the City held a meeting that included both open and closed sessions. Ms. Caris alleges that the City violated Iowa Code Chapter 21 by taking final action in closed session. 

This issue was heard by the IPIB Board on June 27, 2024, and August 15, 2024. IPIB staff have conducted further review, which resulted in this Revised Dismissal Order.

Applicable Law

Iowa Code §§ 21.5(3) provides that final action by any governmental body on any matter shall be taken in an open session unless expressly permitted to take such action in closed session.

Analysis

Ms. Caris argues that final action, which should take place in open session pursuant to Iowa law, was held in closed session and that the public believed the open session was adjourned. 

IPIB staff reviewed the full meeting, including records of both open and closed sessions, to determine whether the City complied with the open session requirements of Chapter 21.

There is no dispute that the City voted to end the open session and enter a closed session. The recording shows that the City moved to “adjourn open session and open closed session.” The City thanked attendees for coming and the public left the venue. The recording ends and does not restart.

Written minutes from the meeting on March 5, 2024, reflect that session is reconvened following closed session and a vote is taken. The vote directs the City’s attorney to draft a memorandum.

As the minutes demonstrate, open session was reconvened for a public vote following “adjournment” of open session. The public was not present for this vote, believing that open session would not be reconvened. A false public perception that open session would not reconvene was created by the City when the City’s motion indicated that open session was “adjourned.” 

There are factors in this case that mitigate any violation of open session requirements:

• A vote is not required to direct the City’s legal counsel to draft a memorandum.
• The City held an identical vote to direct the City’s legal counsel to draft a memorandum held during open session at the next City meeting on March 19, 2024. 
• Although the public is not in attendance, the City did reconvene open session, held a vote in open session, and released minutes that correctly reflected the remainder of the meeting.

Based on the above circumstances, there is ambiguity created by adjourning open session and acting following closed session. IPIB staff find that this error is harmless as the final action did not require a vote and the action was repeated at the next meeting of the City to ensure it occurred in open session. In addition, the publicly provided minutes demonstrate an accurate description of the actions taken by the City.

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. While this complaint meets jurisdictional and legal requirements, IPIB staff recommend dismissal due to harmless error that was remediated by the City.

IT IS SO ORDERED:  Formal complaint 24FC:0035 is dismissed 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 September 19, 2024. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.

By the IPIB Executive Director

_________________________

Erika Eckley, J.D.