17FC:0051 Anonymous/City of Evansdale - Dismissal Order

Topics:

Formal Complaints

Date:
08/17/2017

Subject:
Anonymous/City of Evansdale - Dismissal Order

Opinion:

The Iowa Public Information Board

In re the Matter of:

Anonymous, Complainant

And Concerning:

City of Evansdale, Respondent

  

                     Case Number: 17FC:0051

                                   

                         DISMISSAL ORDER

             

 

COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:


On June 28, 2017, the Iowa Public Information Board (IPIB) received an anonymous complaint, claiming that three of five members of the Evansdale City Council held a closed meeting without following the requirements of Iowa Code chapter 21.

Little evidence was provided.  The meeting allegedly happened on June 28, 2017, at 7:00 a.m., somewhere in Evansdale.   It was alleged that others in city government could provide additional information.

When contacted, the mayor did not have any specific information of the violation.  Another councilperson denied having any involvement.  Because the complainant is anonymous, there is no way to request specifics.

The mayor agreed to put the complaint on the agenda for a council meeting and discuss open meetings law.  The matter was placed on the agenda for the August 1, 2017, meeting.  The city attorney led a training on open meetings.

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:0051 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 β€œdelegate 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

_________________________________
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

City of Evansdale, mayor and city clerk