Date:
07/17/2025
Subject:
Kenneth Brown/City of Sidney - Investigative Report and Probable Cause Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Kenneth Brown, Complainant And Concerning: City of Sidney, Respondent |
Case Numbers: 25FC:0050 Status Report and
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Investigative Report:
On May 12, 2025, Kenneth Brown filed formal complaint 25FC:0050, alleging City of Sidney violated Iowa Code chapter 21.
The IPIB accepted this Complaint on June 19, 2025
Facts
Kenneth Brown alleges the City violated Iowa Code chapter 21 when under an agenda item stating “Discuss/Action – Establish Public Works Director Position” the City approved the hiring of a person for a position that had not previously existed, so it was not proper notice. He also alleges the City should have publicly posted the opening for the position so veterans could apply for the position.
In response, the City confirmed there were no amendments or modifications to the agenda. The agenda was posted more than 24 hours ahead of the meeting and the minutes show the City followed the posted agenda.
Applicable Law
“[A] governmental body shall give notice of the time, date, and place of each meeting including a reconvened meeting of the governmental body, and the tentative agenda of the meeting, in a manner reasonably calculated to apprise the public of that information.” Iowa Code § 21.4.
Analysis
In accepting the Complaint, IPIB made clear the question as to whether the position was required to be posted to allow veterans to apply for the position was outside the scope of IPIB’s jurisdiction.
The essence of Brown’s complaint, therefore, is that the City should have been more specific in its agenda item to indicate the position would be established and an individual was to be appointed to the new position.
Iowa Code chapter 21 requires notice of what the City was planning to discuss and take action on. The agenda clearly indicates a new position in the City was to be considered. The question is whether the City should have also included the name of the person to be hired if the position was established.
Brown may have preferred this information be included on the agenda, but it is not unreasonable for the City to not include the name of the individual who would potentially be hired in the position. “Section 22.7(18) protects applications received from external candidates, meaning anyone not employed by the City when the application was submitted.” Teig v. Chavez, 8 N.W.3d 484, 495 (Iowa 2024). The fact that the City was voting on establishing the position and the candidate to hold the position favors protecting the name of the candidate because if the City voted against establishing the position, then the candidate would not have had protection from disclosure prior to be hired. While this concern could have been addressed by holding two separate votes at different meetings, Iowa Code chapter 21 does not require that. It merely requires the public have notice of what the City would be deliberating and voting on and the agenda provided notice the position would be established.
IPIB Action
The Board may take the following actions upon receipt of a probable cause report:
a. Redirect the matter for further investigation;
b. Dismiss the matter for lack of probable cause to believe a violation has occurred;
c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or
d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.
Iowa Admin. Code r. 497-2.2(4).
Recommendation
Because the agenda included notice of the position to be created and Iowa Code§ 22.7(18) can protect the confidentiality of candidates for employment, there is no violation of Iowa Code chapter 21 by the City. It is recommended the IPIB dismiss the matter for lack of probable cause to believe a violation has occurred.
By the IPIB Executive Director
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Erika Eckley, J.D.
Under Iowa Admin. Code r. 497-2.2(4) the Board takes the following action:
- a. Redirect the matter for further investigation;
- b. Dismiss the matter for lack of probable cause to believe a violation has occurred;
- c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or
- d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.
By the Board Chair
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Monica McHugh