Kathleen Serino/SourceMedia Group News Updated: 4 January 2012 | 1:00 pm in Government

West Branch city administrator drops recording approval rule at council sessions

Proposal would have violated state's open meetings law

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Matt Muckler, city administrator of West Branch, withdrew his wave-making rule proposed in the West Branch City Council’s update of procedural rules at the council’s start-of-year meeting Tuesday.

Rule 27, among the 58 proposed items for the new council’s approval, would have required members of the public and the media to request permission, and notify all present, in order to use audio and video recorders and other recording devices (like cell phones and cameras) before, during and after meetings,  according to documents from the council’s work session.

Muckler said the proposals were based on “best practices” from various municipalities, counties and other governmental bodies, including the Iowa League of Cities General Council, he said.

The recording proposal was drawn from the Missouri House of Representatives, where he’s previously served, adding he thought his experience with this rule worked well in the past.

But the rule raised ethical questions, since the use of recording devices is legal at any open session, as per the state’s open meetings law.

“It was obviously stupid to even consider it,” said former council member David Johnson, who threatened to file a complaint with the state if it was approved.

Johnson, a Democratic candidate for the Iowa House of Representatives, wasn’t in attendance Tuesday night due to speaking engagements at two caucuses, but his wife, Jennie Embree, was present at the works session with an audio recorder. She said she wasn’t the only one with a device, either.

Muckler said it was never the city’s intent to discourage people from recording meetings, but to encourage a positive working environment where people feel welcome and the council can be productive and effective.

He said he is happy with the set of rules, which included updated codes of conduct and ethics for members.

Two city staffers are also working to fix technical problems with cable access that has caused council sessions not to be broadcast on public TV recently, he said.

The council generally meets at this time of year on the first and third Monday each month at 6:30 p.m.

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