18FC:0042 Arnold Kesselring/City of Bayard - Acceptance Order

Topics:

Formal Complaints

Date:
07/19/2018

Subject:
Arnold Kesselring/City of Bayard - Acceptance Order

Opinion:

The Iowa Public Information Board

In re the Matter of:

Arnold Kesselring, Complainant

And Concerning:

City of Bayard,  Respondent

  

                     Case Number: 18FC:0042

 

                           Acceptance Order

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

On June 5, 2018, Arnold Kesselring filed this formal complaint against the City of Bayard (City) alleging a violation of Iowa Code chapter 21. He alleged that the City took action on an item not listed on the agenda at a meeting of the city council on April 9, 2018.
 

At that meeting, the City took action to hire a compliance officer.  This action was not listed on the agenda for that meeting.


The city attorney responded to the complaint and explained that hiring a compliance officer had been properly listed on the agenda of a meeting on February 12, 2018.  The candidate selected at that meeting did not accept the position, so the council decided to hire another person at the April meeting. The council mistakenly thought that the agenda item could carry over from the previous meeting.

Failure to provide notice of intended actions at a meeting of a governmental body is considered a violation of Iowa Code section 21.4(1)(a).


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 meets those requirements.

IT IS SO ORDERED:  Formal complaint 18FC:0042 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a).  Parties are directed to engage in reaching an informal resolution, with the assistance of IPIB staff, pursuant to Iowa Code section 23.9.


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 Order on July 19, 2018. 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, J.D.

 

Dated this ____ day of July, 2018.

 

CERTIFICATE OF MAILING

    

This document was sent by electronic mail on the ___ day of July, 2018, to:

 

Arnold Kesselring

David Bruner, city attorney