Date:
10/19/2017
Subject:
Scott Langley/Blanchard City Council - Probable Cause Report & Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Scott Langley, Complainant And Concerning: Blanchard City Council, Respondent |
Case Number: 17FC:0045 Probable Cause Report |
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits this Probable Cause report pursuant to Iowa Code section 23.10(1):
Background Information
On May 30, 2017, Scott Langley filed formal complaint 17FC:0045 against the Blanchard City Council (Council). He alleged that the Boardβs agendas and minutes are consistently insufficient. While he alleged that this has occurred for a number of years, only the April and May 2017 meetings are within the jurisdiction of the IPIB. Copies of the April and May 2017 agendas and minutes were submitted and reviewed.
It was readily apparent from the copies of the agendas and minutes that they were insufficient. The agenda topics are not adequately described. The minutes do not provide information indicating how each Council member voted. The Council agreed that a posting deficiency occurred.
Other issues listed in the complaint were not included within Iowa Code chapters 21 and 22 and, therefore, were beyond the jurisdiction of the IPIB. Those issues were not included in the acceptance order adopted by the IPIB on July 12, 2017.
The complainant initially requested that the IPIB assist the Council with appropriate training and to levy fines against the members of the Council. After acceptance, the complainant again requested that the Council receive training. The Council responded that they would welcome training from the IPIB. Mark Tomb, with the League of Cities, agreed to conduct training for the Council. Initially, the training was scheduled for the September meeting. It was postponed to October 4, 2017.
All current council members participated in the training, as well as city officials from Braddyville. The individual who served as mayor in the spring of 2017 had resigned and left town. She did not attend. The League provided a copy of the curriculum used for the training.
As noted in the acceptance order, the IPIB accepted this complaint to assist with training. That has been accomplished. Therefore, although there is probable cause to believe that a violation occurred, the IPIB can exercise administrative discretion and not go forward with the filing of a contested case.
IPIB Action
The IPIB has several options upon receipt of a probable cause report. According to Iowa Administrative Rule 497 - 2.2(4):
βBoard action. Upon receipt and review of the staff investigative report and any recommendations, the board may:
a. Redirect the matter for further investigation;
b. Dismiss the matter for lack of probable cause to believe a violation has occurred;
c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter;
d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding; or
e. Direct administrative resolution of the matter under subrule 2.1(6) without making a determination as to whether a violation occurred.β
Recommendation
I recommend that the IPIB find that there is probable cause to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the complaint pursuant to Iowa Administrative Rule 497-2.2(4)(c).
Respectfully submitted this ___ day of _______, 2017.
Margaret E. Johnson, JD
Executive Director
Iowa Public Information Board
Wallace Building, Third Floor
502 E. 9th Street
Des Moines, Iowa 50319
(515) 725-1783
(515) 725-1789 (fax)
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ____ day of September, 2017, to:
IPIB
Scott Langley
Beverly Clinkingbeard, City of Blanchard
Whitney Free, council for the City of Blanchard
The Iowa Public Information Board
|
In re the Matter of: Scott Langley, Complainant And Concerning: Blanchard City Council, Respondent |
Case Number: 17FC:0045 Probable Cause Order |
This matter comes before the Iowa Public Information Board (IPIB) this 19th day of October, 2017, to consider a Probable Cause report filed on October 12, 2017.
The Probable Cause Report recommends that the IPIB determine that probable cause does exist to believe that the Blanchard City Council violated Iowa Code chapter 21 and that the City Council has completed appropriate remediation.
The IPIB has determined that there is Probable Cause to believe that the Blanchard City Council violated Iowa Code chapter 21, but, as an exercise of administrative discretion, dismisses the complaint pursuant to Iowa Administrative Rule 497-2.2(4)(c).
Pursuant to Iowa Administrative Rule 497-2.2(4)(c) the IPIB adopts the findings and recommendations of the Probable Cause report and dismisses this complaint.
So ordered this 19th day of October, 2017.
_____________________________________
IPIB Chair
cc:
IPIB
Scott Langley
Beverly Clinkingbeard, City of Blanchard
Whitney Free, council for the City of Blanchard