Date:
09/19/2024
Subject:
Kelly Caldwell/Carroll City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Kelly Caldwell, Complainant
Carroll City Council, Respondent | Case Number: 24FC:0061 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 July 25, 2024, Kelly Caldwell filed formal complaint 24FC:0061, alleging the Carroll City Council (City) violated Iowa Code Chapter 21.
Facts
Mr. Caldwell alleges that the City violated Iowa Code Chapter 21 by executing a letter of support for a workforce housing tax credit program without consideration and action by the City.
On June 6, 2024, the City Manager for the City submitted a letter of support to the Workforce Housing Tax Credit Program. The letter indicated the City “plans to change its revitalization plan to allow for 10 years of 100% tax abatement for multi-family housing” and further discussed the needs of the City. The letter of support was signed by the City Manager.
The City responded to the complaint on July 31, 2024. The City’s response indicated the letter of support is from the City Manager and is not a resolution of support, with the distinction being that a letter does not require City action. (emphasis added.) The City Manager also stated, “I, as the city manager, have administrative authority, but nowhere in the letter of support did I promise any council action, but simply expressed my understanding of the potential city plans.”
Applicable Law
Iowa Code § 21.3(2) states that all actions and discussions at meetings of governmental bodies, whether formal or informal, shall be conducted and executed in open session.
Analysis
Mr. Caldwell alleges that submitting a letter of support for housing tax credit was action taken by the City without discussion and deliberation in open session. The complaint hinges on whether sending the letter of support amounts to action that requires discussion and deliberation by the City.
The jurisdiction of the IPIB rests within Chapters 21 and 22. Chapter 21 does not specifically mandate what actions require discussion and deliberation by a government body. In this case, the City Manager has indicated the scope of the role allows the City Manager to submit a letter of support without discussion or deliberation from the government body. The City Manager further states the letter is not in the form of a resolution and does not commit to formal action but rather explains potential city plans. Finally, the letter is not executed by the City Council, but rather the City Manager.
Pursuant to Chapter 21, not all communications by a City require City Council discussion or deliberation. IPIB staff agrees the role of the City Manager includes the ability to draft a letter of support. It should also be noted that the City Manager kept the City Council apprised of the status of the letter and overall process as the issue was on the agenda numerous times. There may be other provisions of Iowa law dictating when governmental body action is required for support of a tax credit program, but these laws are outside the scope of IPIB’s authority.
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.
After review of the facts and circumstances, there are no requirements within Chapters 21 or 22 that require City action to submit a letter of support from the City Manager.
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
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Erika Eckley, J.D.