Date:
07/18/2024
Subject:
Ken Brown/City of Sidney - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Ken Brown, Complainant
City of Sidney, Respondent | Case Number: 24FC:0042 Dismissal Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Facts
Ken Brown filed formal complaint 24FC:0042 on May 3, 2024, alleging the City of Sidney (“City”) violated Iowa Code chapter 21 on May 3, 2024.
Mr. Brown alleges the City posted notice for a meeting of the zoning board on the front door window of city hall and a bulletin board outside for a meeting on May 2, 2024, at 6:00 pm. No one showed up for the meeting. Mr. Brown was told they held the meeting on May 1, 2024. Mr. Brown alleges it is the second time the city clerk has improperly post a meeting notification in violation of Iowa code chapter 21.
Brianna O’Hearn, Attorney for the City, provided a response to this complaint. Ms. O’Hearn explained there was a typo on the agenda. The zoning board meeting was supposed to be held on Wednesday, May 1, 2024. The Zoning Board usually meets on Wednesdays and it intended to meet on Wednesday, May 1, 2024. The Board met as planned. During the meeting, the Zoning Board realized the posted agenda had an error showing May 2, 2024, as the meeting date. This caused them to reschedule another meeting time.
The gentleman who had requested to be on the agenda was personally notified of the error and advised of the new meeting date. He declined attendance for the rescheduled meeting because the funding for his project had fallen through, so he did not need to meet. The Zoning Board met on May 8, 2024 with the repeated agenda items to remedy the error. Ms. O’Hearn provided the agendas for both meetings.
Ms. O’Hearn acknowledged the City mistakenly placed the incorrect date on the posted agenda, but the City took appropriate and immediate action to remedy the mistake.
Law
“[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. Reasonable notice shall include advising the news media who have filed a request for notice with the governmental body and posting the notice on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting, or if no such office exists, at the building in which the meeting is to be held.” Iowa Code § 21.4(1)(a).
Analysis
The City made a typographical error on the Zoning Board meeting agenda and notice. The public did not know the Zoning Board was to meet on May 1, 2024. The Zoning Board typically meets on Wednesdays, so there does not appear to be an intentional error to avoid the requirements of the open meeting requirements. Instead, it was an error that was not caught prior to the Zoning Board meeting at its presumed time and place. Upon discovering the error, the City took steps to correct it by holding the same meeting over again on May 8, 2024 after providing proper notice. The incorrectly noticed meeting was corrected and steps were taken to ensure any deliberation and action was taken at a meeting that was properly noticed. Any violation was harmless error.
Conclusion
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 does not meet those requirements.
The City’s Zoning Board met at its usual time and place, but the notice for the meeting had a typographical error stating the wrong date. Upon discovery, the City repeated the meeting the following week after proper notice occurred.
IT IS SO ORDERED: Formal complaint 24FC:0042 is dismissed as harmless error pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). The City of Sidney did violate part of the open meeting code section but took corrective actions to remedy the error.
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 July 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.