24FC:0101 Erin Summers/City of Pocahontas - Informal Resolution Report

Topics:

Formal Complaints

Date:
01/16/2025

Subject:
Erin Summers/City of Pocahontas  - Informal Resolution Report

Opinion:

The Iowa Public Information Board

In re the Matter of:

Erin Summers, Complainant


And Concerning:

City of Pocahontas,  Respondent

Case Number:  24FC:0101

Informal Resolution Report

              

On October 28, 2024, Erin Sommers filed formal complaint 24FC:0101, alleging the City of Pocahontas (“City”) violated Iowa Code chapter 21.

The IPIB accepted this complaint at its meeting on November 21, 2024.

Facts

The City Council went into closed session at the end of its meeting on October 21, 2024. This closed session was not listed on the posted agenda, but came as a result of a staff report that was listed on the agenda. The purpose of the closed session was stated to be to address concerns with the clerk and City policies. Despite being informed a closed session was not permitted under the scenario, four members of the Council voted to enter closed session under Iowa Code § 21.5(1)(i). The clerk did not request the Council go into closed session.

Applicable Law

Iowa Code § 21.4 requires notice to the public of all tentative agenda items to be before the government body at the posted meeting. This would include providing notice of a potential closed session and the authority for the session prior to the meeting. “closed session topics must be disclosed on the agenda in advance to give the public an opportunity to assess the reason for a closed session, hold accountable the members who vote to close a session, and decide whether to await a vote as final action.” Iowa Attorney General, Sunshine Advisory, July 1, 2004, Closed-Session Agendas: Is an agenda required for a closed session?[1]

“When a governmental body includes a closed session item on the tentative agenda, the notice shall include a brief statement of the purpose of the closed session. It shall not be deemed sufficient notice for the governmental body to only reference the statute by number and subparagraph without more information.” IAC 497-8.1(3).

A government body may hold a closed session “[t]o evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session.” Iowa Code § 21.5(1)(i) (emphasis added).

Analysis

There is no dispute the closed session on October 21, 2024, was not noticed on the agenda and was improperly held. The City has expressed a desire to remedy the error and take steps to prevent violations of Iowa Code chapters 21 and 22.

Pursuant to Iowa Code § 23.9, IPIB presents the following terms for an informal resolution of

this matter:

  1. This Informal Resolution will be formally approved at a City Council meeting of the City of Pocahontas. The City will provide a copy of this Informal Resolution with its meeting minutes and will provide IPIB staff with a copy of the minutes demonstrating approval.
  2. The City will acknowledge in open meeting, the closed session on October 21, 2024, did not comply with the requirements for a closed session under Iowa Code chapter 21.
  3. All Council members will complete training related to public meetings and records. City staff are highly encouraged to attend. This training will be arranged by the Council and conducted by IPIB or the Iowa League of Cities.
  4. The City will develop a checklist and/or policy or procedure to address all procedural requirements for going into a closed session under Iowa Code § 21.5. This will be provided to IPIB staff.

The terms of the Informal Resolution will be completed within 60 days of the date of approval of

this Informal Resolution by all parties. Upon showing of proof of compliance, the IPIB will

dismiss this complaint as successfully resolved.

Erin Summer approved the Informal Resolution on December 16, 2024.

The City approved the Informal Resolution on December 16, 2024.

The IPIB staff recommend the IPIB approve the Informal Resolution Report.

By the IPIB Executive Director

_________________________

Erika Eckley, J.D.

[1] https://www.iowaattorneygeneral.gov/about-us/sunshine-advisories/closed-session-agendas