Topics:

Formal Complaints

Date:
08/16/2018

Subject:
Roger Hanson/City of Duncombe - Dismissal Order

Opinion:

The Iowa Public Information Board

In re the Matter of:

Roger Hanson, Complainant

And Concerning:

City of Duncombe,  Respondent

 

                     Case Number: 18FC:0055

 

                             Dismissal Order

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


On July 8, 2018, Roger Hanson filed this formal complaint against the City of Duncombe (City) alleging that the City had violated Iowa Code chapter 21 by meeting “in a closed session environment” at the May 9, 2018, council meeting.

Mr. Hanson did not provide any further detail, even after a request was made by IPIB staff.
 

A review of the agenda and the meeting minutes for the May 9, 2018, meeting did not indicate that a closed session was held nor did they show any irregularities.
 

The city clerk recalled that Mr. Hanson was present for part of the May 9, 2018, 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.  Without further information, this complaint does not meet all those requirements.

 

IT IS SO ORDERED:  Formal complaint 18FC:0055 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 August 16, 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.


 

CERTIFICATE OF MAILING

    

This document was sent by electronic mail on the 16th day of August, 2018, to:

 

Roger Hanson

City of Duncombe