24FC:0065: Mandi Hutchins/Linden City Council - Dismissal Order

Date:
09/19/2024

Subject:
Mandi Hutchins/Linden 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 August 5, 2024, Mandi Hutchins filed formal complaint 24FC:0065, alleging the Linden City Council (City) violated Iowa Code Chapter 21.

Facts

Ms. Hutchins alleges the City violated Iowa Code Chapter 21 by holding an open session and excluding members of the public from attending.

On August 5, 2024, the City held a budget workshop. The workshop notice indicated the City Council and Library Board would meet together for the workshop and it would be closed to the public. 

The City responded to the complaint stating the workshop was used to train members of the City Council and Library Board to use budgeting software. The workshop was necessary due to the introduction of new members on the City Council and Library Board. The City further indicated no official business was conducted and the workshop was merely an informative training.

Applicable Law

Iowa Code § 21.2(2) defines a meeting as a gathering in person or by electronic means, formal or informal, of a majority of the members of a governmental body where there is deliberation or action upon any matter within the scope of the governmental body’s policy-making duties. The law goes on to state, “Meetings shall not include a gathering of members of a governmental body for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of this chapter.” 

Analysis

Not all meetings of a governmental body include deliberation or action related to policy-making duties. The Iowa Courts have found no violation of Iowa Code chapter 21 in the following circumstances.

When a majority of members were in a room outside a courtroom and received only information from the county attorney about the applicable law of a county zoning ordinance, but the merits of a case before the members was not discussed and no intention to avoid the statute was found. Hettinga v. Dallas Cnty. Bd. of Adjustment, 375 N.W.2d 293, 295 (Iowa Ct. App. 1985) (note the court cautions about concerns). Board members met with an engineering firm to elicit information about a report the firm prepared. Testimony established there was no deliberation. Dooley v. Johnson Cnty Bd. Of Sup’rs, 2008 WL 5234382 (Iowa Ct. App. Dec. 17, 2008).[1] (emphasis added).

Learning how to read a City’s budget and how to use the City’s software system is ministerial in nature and does not require a public meeting or open session. The workshop did not include deliberation or action and did not meet the definition of a “meeting” pursuant to Iowa Code § 21.2(2).

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. 

After review of the facts and circumstances, the City’s holding of a workshop for purposes of learning and training did not constitute a meeting and did not violate Chapter 21. 

IT IS SO ORDERED:  Formal complaint 24FC:0065 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.

[1] 24AO:0004 Attendance at social and ministerial events at https://ipib.iowa.gov/24ao0004attendance-social-and-ministerial-events