24FC:0051 Laurie Kramer/City of Delhi - Dismissal Order

Date:
07/18/2024

Subject:
Laurie Kramer/City of Delhi - 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 May 28, 2024, Ms. Kramer filed formal complaint 24FC:0051, alleging that the City of Delhi (“City”) violated Iowa Code Chapter 21.

Facts

Ms. Kramer alleges the City violated Iowa Code Chapter 21 by failing to provide appropriate minutes. Ms. Kramer stated as follows:

“The City Clerk published minutes from their May 13, 2024 meeting stating that there were no public comments made. In fact, Pam Overman was there and asked what impact the late filing of the FY budget had on the city. The Clerk responded there was no penalty. That statement was false and she knew it because the Dept. Of Management communicated that to her. She then published the minutes stating there was no public comment. This is false and clearly was done to keep this information from the public.”

DeAnna Hogan, the Delhi City Clerk, responded on June 18, 2024. Ms. Hogan indicated the public comment was made during a specific portion of the meeting and captured appropriately in that portion of the minutes. 

Applicable Law

Iowa Code § 21.3(2) outlines the requirements a governmental body must meet to ensure that appropriate minutes are taken. “Each 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.” 

Analysis

There are two prongs to this Complaint:

• The minutes were not accurately recorded.
• The City provided false information regarding the City’s budget and corresponding penalties.

Each portion of the Complaint is addressed below.

The minutes were not accurately recorded: 

The minutes from the meeting of the City Council on May 13, 2024, show the City had an agenda item for general public comments at the beginning of the meeting. This portion of the minutes state no public comment for that portion were provided. 

Under section E. Business of the minutes, however, the minutes reflect the following:

b. Motion to open public hearing for the Fy24-25 budget by Freiburger, 2nd by Koopmann ALL AYES 

i. Question about filing the FY24-25 budget later than the April 30th deadline and if there was a penalty, city clerk stated the city will be held to last years’ budget. 

ii. Motion to close public hearing by Freiburger, 2nd by Krumviede

The minutes document the exact public comment and question Ms. Kramer alleged were not included in the minutes. The public comment was recorded during the public hearing on the budget during that portion of the City Council meeting agenda. 

The City provided false information: IPIB’s jurisdiction does not extend beyond Chapters 21 and 22. IPIB is not an appropriate forum to address the accuracy or inaccuracy of a statement made by the City in response to a question regarding the City’s budget process under Iowa Code Chapter 384.

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.

On the face of the information presented, the City appropriately recorded minutes pursuant to Iowa Code § 21.3(2). This portion of the Complaint is not legally sufficient. The second portion of the Complaint related to alleged false information is not within IPIB’s jurisdiction. 

IT IS SO ORDERED:  Formal complaint 24FC:0051 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 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

_________________________

Erika Eckley, J.D.