Date:
08/17/2017
Subject:
Barbara Budelier/City of Stockton - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Barbara Budelier, Complainant And Concerning: City of Stockton, Respondent |
Case Number: 17FC:0036
DISMISSAL ORDER
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On May 10, 2017, Barbara Budelier filed this complaint, alleging that the City of Stockton (City) had violated Chapters 21 and 22 of the Iowa Code. The complaint contains six allegations of violations:
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The clerk for the City is engaging in spreading rumors and false and defamatory statements.
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The clerk for the City is not fulfilling record requests within seven days.
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The clerk for the City did not properly post notice for a League of Cities training held on April 3, 2017.
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The clerk for the City does not timely issue refunds.
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The City has not reimbursed her for supplies she provided for the Easter Party.
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The clerk for the City has discussed water bills with city council persons.
Of the six allegations, only numbers (2) and (3) could fall within the scope of chapters 21 and 22.
The City attorney contacted this office to discuss the complaint. He noted that the League of Cities training was initially posted three days prior to the date. There was confusion about whether this would be an actual city council meeting within the definition of Iowa Code section 21.2(2). Due to the scheduling of the League of Cities, the start time for the training was moved from 7 p.m. to 6 p.m., and the purpose of the meeting was changed to a training session. There was no deliberation or action taken during meeting. The training covered city finance instruction for city officials.
The requested records were prepared and awaiting delivery instructions from Ms. Budelier’s attorney. The City attorney contacted this attorney and was informed that a new attorney was representing Ms. Budelier. That attorney indicated on May 24, 2017, that he would retrieve those records.
On June 13, 2017, Ms. Budelier reported that she did not have her records and that she did not want the City attorney to contact her attorney. She expanded her record request to the City on June 23, 2017. On June 29, 2017, she wrote that the City clerk should be held responsible for any irregularities in posting notice, even though a City clerk is not a “governmental body” within the definition of Iowa Code section 21.2(1). She was notified again by letter from the IPIB office on July 10, 2017, that her records were ready to be picked up.
Counsel for Ms. Budelier stated on July 14, 2017, that the records should be delivered to him. Those records were sent electronically on July 18, 2017.
There is no substantiation of the allegations concerning a violation of open meetings laws (number 3).
The IPIB has jurisdiction over violations of Iowa Code chapters 21 and 22 (Iowa Code section 23.1). Numbers 1, 4, 5, and 6 are not violations of chapter 21 or 22, so these complaints can not be accepted.
Ms. Budelier mistakenly thought that Iowa Code requires a record request be fulfilled within seven days. The records requests (number 2) were fulfilled once her attorney and the City attorney were able to coordinate the transfer.
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 does not fulfill those requirements.
IT IS SO ORDERED: Formal complaint 17FC:0036 is dismissed as legally insufficient and beyond the jurisdiction of the IPIB 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 Preliminary Order on August 17, 2017. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson
Dated this 7th day of August, 2017.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the 7th day of August, 2017, to:
IPIB
Craig Oppel, counsel for the City of Stockton
John Peavey, counsel for Barbara Budelier
Barbara Budelier (by US mail)