Date:
07/17/2025
Subject:
Gary, Linda, and Sarah Hinzman/City of Cedar Rapids - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Gary, Linda, and Sarah Hinzman, Complainant And Concerning: City of Cedar Rapids , Respondent |
Case Numbers: 25FC:0078 Dismissal Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On June 23, 2025, Gary, Linda, and Sarah Hinzman filed formal complaint 25FC:0078, alleging the City of Cedar Rapids violated Iowa Code chapter 21.
Facts
Gary, Linda, and Sarah Hinzman allege a letter they received regarding a rezoning request within the city to build an elementary school that impacted their property violated Iowa Code chapter 21 because the notice had an error in the date the City Council was expected to take up the issue. The letter stated the meeting was scheduled for Thursday, June 24, 2025. The Council meeting, however, was to occur on Tuesday, June 24, 2025. The notice mailed to the Hinzmans was postmarked on May 30. The notice included links to the Council’s agendas posted online. In filing the complaint on June 23, the Hinzmans made clear they were aware the Council meeting was scheduled for Tuesday, June 24, 2025, but requested IPIB overturn any zoning change due to the error in the mailed notice they received, The Hinzmans provided a link to the correct Council 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. Reasonable notice shall include advising the news media who have filed a request for notice with the governmental body and posting the notice on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting, or if no such office exists, at the building in which the meeting is to be held.” Iowa Code § 21.4.
Analysis
Iowa Code § 21.4 requires public notice be provided at least 24 hours in advance of an open meeting. This notice is to be physically posted and sent to news organizations that request to receive the notice. There is no requirement within Iowa Code chapter 21 that individual citizens receive a mailing of the notice to their home address. Further, in filing the complaint, the Hinzmans were aware the mailed notice had a scrivener’s error listing the incorrect day of the week with the correct date of the meeting. The Hinzmans reviewed the online agenda and notice conforming with the requirements of Iowa Code chapter 21. The Hinzmans received the mailed notice several weeks before the actual scheduled Council meeting, yet waited until the day before the meeting to file a complaint even though they knew the notice they received had a ministerial error.
Regardless, nothing within Iowa Code chapter 21 requires a mailed notice to residents of the government body. Because no notice was required, the Hinzmans had actual notice of the correct date, time, place, and tentative agenda of the Council meeting more than 24 hours in advance, there is no violation of Iowa Code chapter 21.
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. Following a review of the allegations on their face, it is found that this complaint does not meet those requirements.
There is no requirement to mail notice of an open meeting to residents under Iowa Code chapter 21. The complainants had notice of the date, time, place, and agenda requirements under Iowa Code § 21.4.
IT IS SO ORDERED: Formal complaint 25FC:0078 is dismissed as it is legally insufficient 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 July 17, 2025. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Erika Eckley, J.D.