Date:
05/18/2017
Subject:
Sheila Linge / Armstrong City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Sheila Linge, Complainant And Concerning: Armstrong City Council, Respondent |
Case Number: 17FC:0030 DISMISSAL ORDER |
COMES NOW, Margaret E. Johnson, Interim Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On April 12, 2017, Sheila Linge filed a formal complaint against the Armstrong City Council (City) alleging a violation of Iowa Code chapter 21. Specifically, she alleged that the City violated Iowa Code when three members gathered outside an open meeting in Estherville, Iowa, on Sunday, April 9, 2017, and discussed city government business. She requested that the IPIB remove all city council members and order new elections. She also asked that the IPIB file “charges” against the three named members for “continuously making decisions for our town that is not for the betterment of our town.”
Ms. Linge also commented that in her opinion three of the council members were being disrespectful to the mayor and were making decisions based upon hatred for the mayor. The IPIB does not have authority to address these issues.
The city attorney was provided a copy of the complaint. On April 18, 2017, he filed a response. He spoke with two of the council members and requested a written statement from the third.
All three reported not being in the town of Estherville, Iowa, on the day in question. Two reported being in Fairmont, Minnesota, and seeing each other while doing errands at a ShopKo store. Each denied discussing city business. The third member reported being in Mankato, Minnesota, shopping with her husband at Home Depot and Fleet and Farm. She noted she has receipts from purchases made at each location. They drove through Fairmont, but made no stops there.
The definition of a meeting in Iowa Code section 21.2(2) states: “‘Meeting’ means 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. Meetings shall not include a gathering of members of a governmental body for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of this chapter.”
Ms. Linge was asked to provide additional information, including any names of possible witnesses as she did not observe the alleged violation. She replied that she does not have any additional information.
Since the filing of this complaint, the city attorney, who was recently appointed to the position, has conducted training on open meetings law.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint is not legally sufficient.
IT IS SO ORDERED: Formal complaint 17FC:0034 is dismissed as legally insufficient pursuant to Iowa Code section 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 May 18, 2017, and make its final decision. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its final decision.
By the IPIB Interim Executive Director
_________________________________
Margaret E. Johnson
Dated this _____ day of _______, 2017.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of ______, 2017, to:
IPIB
Sheila Linge
Brian Thul, city attorney