17FC:0070 Arnold Kesselring/City Council of Bayard - Dismissal Order

Date:
11/16/2017

Subject:
Arnold Kesselring/City Council of Bayard - Dismissal Order

Opinion:

The Iowa Public Information Board

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

On October 4, 22017, Arnold Kesselring filed formal complaint 17FC:0070, alleging that the Bayard City Council (Council) violated Iowa Code sections 21.4(a) and 22.4.  He alleged that the Council failed to provide notice ten days before a hearing held on August 14, 2017.  Instead, the Council only provided 48 hours advance notice.  He also alleged that the Council voted on revised city ordinances without producing a copy of the proposed ordinances.
 

Iowa Code section 21.4(1)(a) requires that a governmental body provide 24 hours notice prior to a meeting.  Mr. Kesselring states that more than 24 hours notice was provided.  This part of the complaint is legally insufficient.  Chapter 21 of the Iowa Code does not provide any requirements for a vote on city ordinances.  Therefore, the IPIB does not have jurisdiction over this issue.
 

Mr. Kesselring also alleged a violation of Iowa Code section 22.4, which reads:
 

22.4 Hours when available.
 

The rights of persons under this chapter may be exercised at any time during the customary office hours of the lawful custodian of the records. However, if the lawful custodian does not have customary office hours of at least thirty hours per week, such right may be exercised at any time from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m. Monday through Friday, excluding legal holidays, unless the person exercising such right and the lawful custodian agree on a different time.
 

He did not provide any information on this allegation, therefore, this part of his complaint is also legally insufficient.

Counsel for the Council provided information that the Council is reviewing its City Code, with the assistance of Region XII COG (Council of Governments).  This organization is a regional group formed to assist local governments by providing technical assistance in planning, including city code writing.

Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint.  This complaint does not meet those requirements.

IT IS SO ORDERED:  Formal complaint 17FC:0070 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 November 16, 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 ____ day of _________, 2017.

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of ________, to:

IPIB

Arnold Kesselring

David Bruner, Counsel for the City Council of Bayard