Date:
09/21/2017
Subject:
Juanita White/City of Garden Grove - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Juanita White, Complainant And Concerning: City of Garden Grove, Respondent |
Case Number: 17FC:0058 DISMISSAL ORDER |
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Juanita White filed complaint 17FC:0058 on August 10, 2017, alleging that the City of Garden Grove (City) violated Iowa Code chapter 21. She alleged that the City had failed to properly post an agenda for past meetings and did not post minutes.
In addition, she made numerous allegations concerning city staff and the city billing system for water bills, as well as allegations that city funds were being misused. These allegations are not violations of Chapter 21 or of Chapter 22.
The city clerk responded to the allegations, noting that agendas are posted at City Hall as required by Iowa Code section 21.4. Agendas are also posted at the post office and at the water distribution pump house.
Iowa Code section 21.3 does not require that minutes be posted in the manner that agendas are posted. Minutes are public records and are available upon request. The city clerk indicated that past minutes are available upon request, but that he has not received a request recently for any minutes from the complainant.
At my request, the city clerk provided copies of the August 2017 agenda and minutes. Both records met the requirements of Iowa Code chapter 21.
No information was submitted to indicate which agendas or minutes were improper. There is also no documentation that the complainant is within the 60 day jurisdictional limitation of Iowa Code section 23.7(1).
Whether the City improperly issues water bills or has misused city funds is not an issue governed by Iowa Code chapter 21 or 22. Therefore, the IPIB does not have jurisdiction over this issue. (See Iowa Code section 23.1)
Iowa Code section 23.8(1) 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:0058 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 September 21, 2017. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of the decision.
By the IPIB 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
Juanita White
City of Garden Grove (clerk and city attorney)