Date:
08/16/2018
Subject:
Lindsey Larrington/Lucas City Council - Acceptance Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Lindsey Larrington, Complainant And Concerning: Lucas City Council, Respondent |
Case Number: 18FC:0061 Acceptance Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.
On July 19, 2018, Lindsey Larrington filed this formal complaint against the Lucas City Council (Council) alleging a violation of Iowa Code chapter 21. She alleged that the City amended the agenda for the June 14, 2018, meeting to include the topic “job vacancies” without providing at least 24 hour notice or announcing at the meeting the required “good cause” for departing from the required notice.
In addition, the meeting agenda included topics such as “Streets”, “Fire Department”, “Law Enforcement”, and “Parks” without further description. This was confirmed by a review of the agenda and the minutes for the June 14, 2018, meeting.
Iowa Code section 21.4(2)(a) requires 24 hour notice “unless for good cause such notice is impossible or impractical….” If it is necessary to hold a meeting without such notice, section 21.4(2)(b) requires that “the nature of the good cause justifying that departure from the normal requirements shall be stated in the minutes.”
An agenda should be descriptive enough to “apprise the public” of the matters to be discussed during the meeting (Iowa Code section 21.4(1)(a)). General topics such as noted in the June 14, 2018, meeting do not inform the public of the nature of the intended deliberation or discussion. “Parks” as a topic could include matters concerning use of the park, maintenance of the park, park personnel, or a sale of a park, which are diverse matters that could easily draw different groups of the community to a 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. This complaint meets those requirements.
IT IS SO ORDERED: Formal complaint 18FC:0061 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 “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 ___ day of August, 2018, to:
Lindsey Larrington
City clerk, City of Lucas