25FC:0040 Stephanie Erickson and Indianola City Council -Informal Resolution Report

Date:
08/21/2025

Subject: 
Stephanie Erickson and Indianola City Council -Informal Resolution Report

Opinion:

On April 10, 2025, Stephanie Erickson filed formal complaint 25FC:0040, alleging that the City of Indianola violated Iowa Code Chapter 21.
The IPIB accepted this complaint at its meeting on May 15, 2025.
Background
On April 7, 2025, the Indianola City Council considered the applications of four candidates to fill a vacant at-large council member position. After each of the four candidates had presented in open session, the council narrowed the field to two finalists using an anonymous ballot process, in which each of the five council members wrote the names of their preferred candidates on paper ballots which were then collected and the aggregate results were announced by a city employee. This same anonymous ballot process was used for four subsequent votes between the finalists, with a 3-2 vote in favor of one candidate in the first two rounds and a different 3-2 vote which favored the other candidate in the second two rounds. The matter was then tabled, as four votes were required to fill a vacancy. The votes of individual council members were not made available to the public during this meeting.

During the second phase of the selection process, two ten-minute recesses were called, with one after the first 3-2 vote and another after the second 3-2 vote on the same lines. The stated purpose for these recesses was to allow members to break into “small groups” for discussions intended to reach the requisite four vote majority needed to make an appointment. While these discussions took place within the Council Chambers or just outside those chambers in the open, the discussions did not take place in open session.

Following notice of the complaint, the City took immediate steps to remedy the issue by publicly announcing how individual members had voted at their next meeting on April 14, 2025, for both the initial selection from the pool of four applicants and the final 3-2 ballot. These disclosures were reflected in the meeting minutes for April 14.

Applicable Law
“‘Meeting’ means 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. 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 [Chapter 21].” Iowa Code § 21.2(2).

“Except as provided in section 21.5, all actions and discussions at meetings of governmental bodies, whether formal or informal, shall be conducted and executed in open session.” Iowa Code § 21.3(1).

“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 the information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session.” Iowa Code § 21.3(2).

Informal Resolution
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 meeting of the Indianola City Council, and the following terms shall be read into the record. The City will include a copy of this Informal Resolution in its meeting minutes and will provide IPIB staff with a copy of the minutes demonstrating approval.
2. By adopting this Informal Resolution, the City acknowledges that the process used at the April 7, 2025 meeting and described in the Background section of this Informal Resolution to fill the vacant council member position violated Chapter 21. Specifically, the City acknowledges that the individual votes of council members should have been made available to the public at the time they were cast, and members should not have used meeting recess to conduct deliberation on the appointment outside the public’s view.
3. The City will develop an official policy for the conduct of future appointments, which shall include a requirement that each participating council member’s vote be made public during the open session in which the election is held. The City will provide IPIB staff with a copy of this policy after it is approved.
4. All city council members, along with the City’s mayor, will complete training related to public meetings and records. This training will be arranged by the Board and conducted with IPIB during an open meeting.

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.

Geralyn Jones approved the Informal Resolution on July 2, 2025.

The City of Indianola approved the Informal Resolution on July 22, 2025.

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

By the IPIB Agency Counsel,

_________________________
Alexander Lee, J.D.

CERTIFICATE OF MAILING
This document was sent on August 15, 2025, to:
Stephanie Erickson, Complainant
City of Indianola, Respondent