Opinion : Letter to the editor: Can the Vinton City Council do anything right?

Dear Editor,

Can the Vinton City Council do anything right?

The web they have woven keeps getting bigger and thicker the more I review what has transpired over the last week or so. I am amazed at the disregard for printed laws and procedures occurring within the City government. Not only is there the Mayor's violation of Iowa's gender balance law and Ron Elwicks's abstention which actually was a "yes", I now believe the method in which Andrew Elwick was appointed to the council was illegal.

December 12, 2019:

The Council attempted to fill an empty position created when nobody chose to run for the seat being vacated by Ron Elwick. The City asked for people interested and two responded: Mark Noe and Andrew Elwick. After discussion, a secret paper vote was taken but the question of conflict of interest was raised because Andrew is Ron's son. The first paper vote was thrown out and a second secret paper vote was taken after the City Attorney instructed Ron Elwick to abstain and not vote. Andrew Elwick was announced the winner after the secret ballot was tallied. There was no recorded vote. The minutes posted for the December 12, 2019 meeting do not show the vote count on this matter. This action, which the Mayor said in a sidebar statement, "is how we have always done it" violates both city rules and Iowa Law.

Violations (highlights by me):

Vinton City Ordinance, 5.06, paragraph 3 - "The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session."

Vinton City Ordinance, 17.03, Paragraph 1 - "Action by Council. Passage of an ordinance, amendment, or resolution requires a majority vote of all of the members of the Council. Passage of a motion requires a majority vote of a quorum of the Council. A resolution must be passed to spend public funds in excess of $100,000.00 on a public improvement project, or to accept public improvements and facilities upon their completion. Each Council member's vote on a measure must be recorded. A measure that fails to receive sufficient votes for passage shall be considered defeated.

Iowa Code Chapter 21.3 - Official Meetings Open to Public (Public Meetings) - Here is what the Iowa Public Information Board website has to say about secret votes in open meetingshttps://ipib.iowa.gov/faq/can-governmental-body-covered-chapter-21-take-secret-ballot :

"Question: Can a governmental body covered by Chapter 21 take a secret ballot?

Answer:

No. Chapter 21.3 states, "The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session. The minutes shall be public records open to public inspection."

It would be acceptable to record a vote as unanimous in the minutes of a meeting, or passed with only [name] dissenting, so long as the members present are noted in the minutes. However, in other cases the "yes" and "no" votes should be reported for each member of a public agency and if an agency is voting whether to go into a closed session it may be prudent to record the vote of each member.

In a Mitchell County District Court case on this issue, McKinley vs. the St. Ansgar City Council, a city council contended that a secret ballot was merely "preferential." The secret vote narrowed a field of candidates to five who were then approved unanimously by the council members. But a judge ruled that the procedure violated Chapter 21.3.

Sometimes a public agency might be tempted to seek secret ballots on particularly sensitive and controversial matters, but it is precisely on such matters that the votes of individual members should be recorded. For one thing, citizens are entitled to know how their representatives voted; for another, such controversial items are most likely to lead to litigation if there is a possible violation of Chapter 21.

Further, Section 380.4 of the Code of Iowa requires a city council member's vote to be recorded on any ordinance, amendment or resolution, and 362.2(19) defines "recorded vote" as "a record, roll call vote."

It appears that Andrew Elwick's appointment to the council was done illegally and Mike Elwick's appointment to the VMEU board violated Iowa's nepotism law for a member of the council. So, where does this leave us? The Vinton City Council must fix their recent violations and vacate both votes!

Will this ever end? Doubtful, unless we the citizens start holding those in leadership responsible to the laws in which they must govern.

Darran Sellers