24FC:0043 Blake Jones/City of Eldora - Dismissal Order

Date:
08/15/2024

Subject:
Blake Jones/City of Eldora - 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.

Facts

Blake Jones filed formal complaint 24FC:0043 on May 19, 2024, alleging the City of Eldora (“City”) violated Iowa Code chapters 21 and 22 on May 14, 2024.

Mr. Jones claims he requested information regarding a potential contract agreement with the City and Blue Line Solutions that was listed on the agenda for the May 14, 2024, Council meeting. He attempted to contact three council members to clarify the contents of the contract. The contract was listed in the consent agenda portion of the meeting. He alleges this was done to keep the public from commenting or asking questions. He alleges one of the council members told him the mayor instructed them to avoid discussing any city business with Mr. Jones. He alleges another council member ignored his questions and did not reply, and third council member confirmed the mayor’s instructions, but the council person told him she felt the public had a right to know the details of what the council would be doing so she would not follow the mayor’s directive.

Mr. Jones stated he made his records request for the contact via text message to three council members to inquire about the contract with Blue Line Solutions. He felt he did not have time to make a written records request for a copy of the contract. He also alleged the City failed to provide him with previous records when requested, but no additional information was provided.

Brent Hinders, attorney for the City, provided a response and a copy of the agenda and the minutes for the May 14, 2024, meeting. It included the following under the consent agenda: “Consider approval of the Blue Line Solutions Contract and authorizing the Mayor to sign contract.” The minutes reflect that the consent agenda was unanimously approved by the Council.

Mr. Hinders also responded to the claim regarding public participation in the council meeting.  Citing Iowa Code § 21.7, he restates that government bodies such as the City of Eldora are not required to allow public comment.[1]

Legal References

“The examination and copying of public records shall be done under the supervision of the lawful custodian of the records or the custodian’s authorized designee. The lawful custodian shall not require the physical presence of a person requesting or receiving a copy of a public record and shall fulfill requests for a copy of a public record received in writing, by telephone, or by electronic means…” Iowa Code § 22.3(1).

“The public may use cameras or recording devices at any open session. Nothing in this chapter shall prevent a governmental body from making and enforcing reasonable rules for the conduct of its meetings to assure those meetings are orderly, and free from interference or interruption by spectators.” Iowa Code § 21.7.

Analysis

It appears Mr. Jones did not make a public records request for a copy of the contract being signed with Blue Line Solutions. Rather, he texted with members of the council regarding an item appearing on the agenda of the May 14, 2024, meeting.  He sought information and asked questions of the council members rather than requesting a record.

Mr. Jones feels placing an item on the consent agenda is a way for the council to conceal information from the public and he did not have an opportunity to speak on the matter. The approval of the contract with Blue Lines Solutions was, however, properly noticed on the agenda and action was taken by the Council at the open meeting. In fact, the contract was removed from the consent agenda and deliberated and approved on its own during the meeting. Regardless, Iowa Code chapter 21 does not require the City to allow the public to address them regarding every action item.  At this meeting, the City provided a “Citizen Comments” option to speak which took place prior to the vote on the consent agenda. Mr. Jones could have provided his comments regarding the Blue Lines Solutions contract during this portion of the meeting designated by the City for such input. According to the minutes, he did not.

There is no violation of either Iowa Code chapter 21 or 22.

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. 

Mr. Jones contacted council members regarding an agenda item rather than making a records request. The contract at issue was properly noticed on the agenda and Mr. Jones could have spoken to the Council regarding this matter during the public comment portion of the agenda designated for such purposes.

IT IS SO ORDERED:  Formal complaint 24FC:0043 is dismissed as legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).  The City of Eldora did not violate part of the open meeting or public records code sections.

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 August 15, 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.

[1] Mr. Hinders also references 19AO:0004, July 18, 2019, Iowa Code § 21.7, public comment restrictions at an open meeting for further support.