Date:
11/15/2018
Subject:
Arnold Kesselring/City of Bayard - Final Report and Order
Opinion:
Before The Iowa Public Information Board
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In re the Matter of: Arnold Kesselring, Complainant And Concerning: City of Bayard, Respondent |
Case Number: 18FC:0042 FINAL REPORT |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits this compliance Report.
On June 5, 2018, Arnold Kesselring filed a 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.
The Iowa Public Information Board (IPIB) accepted the formal complaint on July 19, 2018. Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution:
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The City will acknowledge that the described actions occurred.
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The City will acknowledge that an agenda and notice must include all items for deliberation and action in a manner reasonably calculated to apprise the public of that information.
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The City shall properly place the disputed agenda item from the April 9, 2018, agenda on another meeting agenda to allow for deliberation and action after proper notice.
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The City shall conduct training for all council members and other city officials on Iowa Code chapters 21 and 22 (Sunshine Laws). The City may utilize the powerpoint training available on the IPIB website or schedule training through the League of Cities.
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The City shall approve this resolution during an open meeting and include the full text in the minutes of said meeting. Said minutes shall be provided to the IPIB.
The terms of this informal resolution were to be completed within 60 days of acceptance by all parties. Upon showing proof of compliance, the complaint would be dismissed as successfully resolved.
Proof of compliance with the terms of the informal resolution has been submitted to the IPIB. Therefore, this complaint should be dismissed.
By the IPIB Executive Director
_________________________________
Margaret E. Johnson, J.D.
Respectfully submitted this ____ day of _________, 2018.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of November, 2018, to:
Arnold Kesselring
David Bruner, attorney for the City of Bayard
The Iowa Public Information Board
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In re the Matter of: Arnold Kesselring, Complainant And Concerning: City of Bayard, Respondent |
Case Number: 18FC:0042
FINAL ORDER |
THIS MATTER comes before the Iowa Public Information Board (IPIB) for review of compliance.
The IPIB accepted this formal complaint on July 19, 2018. Pursuant to Iowa Code section 23.9, IPIB staff worked with the parties to reach an informal resolution.
The Complainant and the Respondent approved the Informal Resolution, which was accepted by the IPIB on September 20, 2108. The Informal Resolution contemplated that the terms would be completed within 60 days of acceptance by all parties, and that upon completion, the complaint would be dismissed.
The terms of the Informal Resolution have been completed and proof of compliance filed with the IPIB.
IT IS THEREFORE ORDERED that the informal resolution is dismissed pursuant to the terms of the informal resolution.
SO ORDERED this 15th day of November, 2018.
_________________________________
IPIB chair