Complaint against Marengo dismissed by board

MARENGO — The Iowa Public Information Board dismissed a complaint against the Marengo City Council May 15, but a second complaint is pending.

The Public Information Board will conduct training with the Marengo City Council because of the complaints, it said, though the first complaint, filed by a sitting City Council member, has been dismissed.

On Feb. 13, 2025, Jennifer Olson filed a formal complaint alleging that the City of Marengo violated Iowa Code chapter 21 by holding a meeting without notice or agenda, according to the Public Information Board.

Olson’s complaint said that after the public city council meeting, Marengo Mayor Adam Rabe informed Council Members Karen Wayson and John Hinshaw that they were to stay to have a brief personnel committee meeting.

There was no agenda, and no notification posted about the meeting, the complaint says. The meeting took place about 7:12 p.m., right after the council meeting adjourned.

Rabe, Wayson and Hinshaw comprise the Personnel Committee of the Council.

Marengo City Attorney Gage Kensler told the board in response to the complaint that the Council’s actions were justified because the committee meeting did not satisfy the statutory definition of a meeting pursuant to Iowa Code.

The gathering of Committee members did not involve deliberation or action, which is required for a meeting, Kensler argued.

The Mayor asked the committee members to stay behind to provide explanation for why a closed session was not used during the council meeting, Kensler said. This was not deliberation or action and did not meet the definition of a meeting pursuant to Iowa Code § 21.2.

Kensler also argued that two members of the five-member city council met, indicating that a meeting did not occur, said the Public Information Board.

Following Kensler’s explanation of a meeting, Olson asked to withdraw her complaint, the Public Information Board said. IPIB kept the complaint open based on concerns regarding the definition of a majority and based on a second and pending complaint against the City.

Iowa Code stipulates that meetings of governmental bodies be preceded by public notice as provided in section 21.4 and shall be held in open session unless closed sessions are expressly permitted by law. 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, the IPIB explained.

A meeting is 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. Iowa Code § 21.2(2).

A governmental body is board, council, commission or other governing body of a political subdivision or tax-supported district in Iowa and includes a multimembered body formally and directly created by a board, council, commission or other governing body of a political subdivision or tax-supported district. Iowa Code § 21.2(1)(b) and (c).

A meeting requires four elements, said the IPIB. A gathering occurs in-person or by electronic means; 2. A majority of the members are present; 3. Deliberation or action occurs; and 4. The deliberation or action is within the scope of the governmental body’s policymaking duties. Iowa Code § 21.2(2).

The City is correct to state a meeting requires the presence of a majority of the members of a governmental body and deliberation or action upon a matter within the scope of its policy-making duties, said the Public Information Board.

IPIB staff agreed that a meeting did not occur because the governmental body did not deliberate or act upon a matter within the scope of the governmental body’s duties.

IPIB disagreed with the City’s position that a majority of the members of the governmental body were not present. The Committee is a distinct multimembered body formally and directly created by the Council. If the Committee contains three members, and three members were present, a majority of the members of the governmental body were present.

This factor does not change the ultimate outcome of this complaint, said IPIB, as a meeting requires all four elements to meet the established definition. Deliberation or action did not occur. For this reason, a meeting did not occur.

The Personnel Committee is a distinct governmental body that must comply with all open meetings requirements, IPIB said. IPIB staff will provide training to the Marengo City Council to ensure that its members understand this issue, IPIB said.

A second complaint against the Marengo City Council is still pending. City Administrator Karla Marck said the complaint from Matt Loffer is in reference to open record report fees.