Michael Foy/City of Arispe - Dismissal Order
The Iowa Public Information Board
In re the Matter of:
Michael Foy, Complainant
City of Arispe, Respondent
Case Number: 17FC:0072
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On October 13, 2017, Michael Foy filed a formal complaint with the Iowa Public Information Board (IPIB) alleging that the City of Arispe violated Iowa Code chapter 21. He alleged that the City failed to post an adequate notice before meeting on October 7, 2017. He also claimed that the City meets in impromptu sessions prior to a meeting to arrange voting. He did not state the date(s) for the impromptu sessions.
In addition, he alleged that the City holds disorganized meetings, engages in name calling, will not accept a citizen petition, does not listen to the citizens, and spends money unwisely. These allegations are not violations of Iowa Code chapters 21 and 22.
He requests the IPIB require the mayor and council resign to allow for new elections.
No additional information has been provided, so it is uncertain if the lack of notice allegation has merit.
The IPIB has previously accepted formal complaints 17FC:0068 and 17FC:0069 involving alleged violations of Chapter 21 by the City. Those complaints were consolidated by the IPIB on October 19, 2017. IPIB staff is currently negotiating an informal resolution pursuant to Iowa Code section 23.9 which will include training to address any Chapter 21 concerns.
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 section also allows for dismissal of a complaint if it “relates to a specific incident that has previously been finally disposed of on its merits by the board….” While the other complaints are not finally disposed of at this time, the concerns about lack of meeting notice will be addressed.
IT IS SO ORDERED: Formal complaint 17FC:0072 is dismissed as legally insufficient, beyond the jurisdiction of the IPIB, and resolved by previously filed complaints, 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 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.
Cc: Michael Foy
City of Arispe