Date:
07/19/2018
Subject:
Roger Hansen/City of Duncombe City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Roger Hansen, Complainant And Concerning: City of Duncombe City Council, Respondent |
Case Number: 18FC:0047 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On June 9, 2018, Roger Hansen filed this formal complaint against the City of Duncombe City Council (Council) alleging a violation of Iowa Code chapter 21. He alleged that the Council met in an improper closed session sometime prior to the April 11, 2018, city council meeting.
The agenda included the first reading of an ordinance prepared and reviewed by the Council pursuant to the requirements of Iowa Code section 380.3. The ordinance was prepared ahead of the meeting and included in the Council packet.
He stated in his complaint:
“When the mayor came to this item on agenda, there was no discussion, no reading of said ordinance, a roll call was taken and the SUPPOSED first reading was passed. I was totally in confusion. In my opinion the mayor and council members had discussed this in illegally closed session meeting type of atmosphere.”
The city clerk provided copies of the minutes and agenda for the April 11, 2018, meeting. The ordinance concerned an amendment of title VI, “Billing Charges”, of the city’s code of ordinances. There was no closed session during the meeting. The Council packet is normally distributed prior to the meeting to allow Council members to prepare for the meeting. Copies are provided to any person who requests a copy upon payment of the fees established by the Council. She noted that Mr. Hanson has requested, and been provided, copies of Council packets at other times.
She further noted that Iowa Code 380.3 does not require a full reading of the ordinance at the meeting. The code section requires that the proposed ordinance “must be considered and voted on for passage….”
There is also no requirement in Iowa Code chapter 21 that a governmental body deliberate on any matter prior to voting.
Mr. Hanson provided no other information that would support his allegation that the Council met improperly prior to the April 11, 2018, properly noticed meeting.
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.
IT IS SO ORDERED: Formal complaint 18FC:0047 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 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:
Roger Hanson
Duncombe City Council