Topics:

Formal Complaints

Date:
06/19/2025

Subject:
Sarah Weber/Orange City  - Final Report

Opinion:

The Iowa Public Information Board

In re the Matter of:

Sarah Weber, Complainant


And Concerning:

Orange City,  Respondent

Case Number:  24FC:0090

Final Report

              

On October 9, 2024, Sarah Weber filed formal complaint 24FC:0090, alleging that Orange City violated Iowa Code Chapter 21.

IPIB accepted this complaint on December 19, 2024, finding the following potential violations. 

Orange City’s Practice of Holding 2x2 Meetings

The evidence provided suggested that the City had a running practice of holding “2x2 meetings,” involving private, in-person conversations between up to two council members, the mayor, and the city administrator. According to the City, these meetings are used “to inform council members of upcoming issues that may need to be dealt with, and to allow council members an opportunity to share their own questions or concerns.” This portion of the complaint was accepted based on the precedent set in Hutchison v. Shull, in which a majority may be created where an individual acts as a “conduit” to facilitate deliberation between members, despite having fewer than a majority present at any one time.

Orange City’s Use of Emails Between Council Members

In its acceptance, IPIB also considered several email conversations produced through the complainant’s Chapter 22 records request, in which city council members shared their opinions and proposals on contested policy matters. Based on the standard set in Hettinga v. Dallas County Board of Adjustment and related case law, IPIB accepted these allegations for further review as well, finding at least some of the emails constituted “deliberation” between a majority of council members on a matter within the scope of their policy-making duties.

Procedure

IPIB accepted this Complaint on December 19, 2024. Upon acceptance, the parties worked toward an informal resolution agreement.

Orange City approved the Informal Resolution on April 10, 2025.

Sarah Weber approved the Informal Resolution on April 16, 2025.

IPIB approved the Informal Resolution Report on April 17, 2025.

All terms of the Informal Resolution have been met. IPIB staff recommends this Final Report be adopted and the complaint be dismissed as resolved.

By the IPIB Agency Counsel,

_________________________

Alexander Lee, J.D.