Date:
10/17/2019
Subject:
Helen Carritt and Sheila Muldoon/City of Little Sioux - Informal Resolution Report & Order
Opinion:
Before The Iowa Public Information Board
|
In re the Matter of: Helen Carritt and Sheila Muldoon, Complainants And Concerning: City of Little Sioux, Respondent |
Case Numbers: 19FC:0050 and 19FC:0055 Informal Resolution Report |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits the Informal Resolution Report from the IPIB Administrator, Brett Toresdahl (Exhibit A).
All parties have agreed to the terms of the Informal Resolution. It is recommended that the IPIB approve the Informal Resolution and authorize the IPIB chair to sign on behalf of the IPIB. Under the terms of the Informal Resolution, the City of Little Sioux will have 60 days, or until December 16, 2019, to complete the terms and show proof of compliance.
Respectfully submitted this 17th day of October, 2019, by
_________________________________
Margaret E. Johnson, J.D.
Executive Director
Helen Carritt, Complainant
Sheila Muldoon, Complainant
And
City of Little Sioux, Respondent
Case Number: 19FC:0050 & 19FC:0055
On May 6, 2019, Helen Carritt filed formal complaint 19FC:0050, alleging that the City of Little Sioux City Council (Council) violated Iowa Code chapter 21. She alleged that two Council members, who had not attended recent meetings, moved and seconded a motion to remove the city clerk in a closed session. She believes they must have met prior to the meeting.
She also alleged that at the next meeting, on May 9, 2019, three Council members stayed after the meeting to further discuss Council business.
On May 22, 2019, Sheila Muldoon filed formal complaint 19FC:0055, also alleging violations of Chapter 21 by the Council. She alleged that the closed session for the employee review was not requested by her, in violation of Iowa Code section 21.5(1)(i). She also alleged that a vote was taken to terminate her employment in that closed session.
The complaints were consolidated as both complaints allege similar violations.
The Iowa Public Information Board (IPIB) accepted the formal complaint on July 18, 2019, as to the violation of Iowa Code section 21 and specifically 21.5, violation of holding an improper closed session.
Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution.
The parties agree to the following terms:
- The Council will acknowledge that the closed session was held without it being requested by the employee and that final action was taken during closed session.
- The Council or City Clerk shall develop a checklist for holding a closed session.
- The Council shall conduct training for all Council members and city officials on Iowa Code chapters 21 and 22 (Sunshine Laws). The Council may utilize the powerpoint training available on the IPIB website. The City shall retain the assistance of the Iowa League of Cities to provide the training to the Council and staff.
- The Council shall approve this resolution during an open meeting and include the full text in the minutes of said meeting. Said minutes shall be provided to the IPIB.
The terms of this informal resolution will be completed within 60 days of acceptance by all parties. Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.
Upon showing proof of compliance, the IPIB would dismiss this complaint as successfully resolved.
The City approved the informal resolution at a meeting on October 1, 2019.
Ms. Carritt approved the informal resolution on October 3, 2019. Ms. Muldoon approved the informal resolution on October 14, 2019.
The IPIB Administrator recommends that the IPIB approve the informal resolution, and authorize the IPIB Chair to sign the informal resolution on behalf of the IPIB.
By the IPIB Administrator
_________________________________
Brett J. Toresdahl
The Iowa Public Information Board
|
In re the Matter of: Helen Carritt and Sheila Muldoon, Complainants And Concerning: City of City of Little Sioux, Respondent |
Case Number: 19FC:0050 and 19FC:0055 Informal Resolution Order |
THIS MATTER comes before the Iowa Public Information Board (IPIB) for acceptance of the Informal Resolution.
The IPIB finds that the terms of the Informal Resolution are appropriate.
IT IS THEREFORE ORDERED that the Informal Resolution is approved and that the IPIB chair shall sign the Informal Resolution. Verification of the completion of the terms is due to the IPIB within 60 days of the issuance of this order or by December 16, 2019.
So ordered this 17th day of October, 2019.
__________________________________________
IPIB Chair
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of October, 2019, to:
Helen Carritt
Sheila Muldoon
City of Little Sioux