18FC:0068 Jared Greiner/Richland City Council - Acceptance Order

Topics:

Formal Complaints

Date:
10/18/2018

Subject:
Jared Greiner/Richland City Council - Acceptance Order

Opinion:

The Iowa Public Information Board

In re the Matter of:

Jared Greiner, Complainant

And Concerning:

Richland City Council, Respondent

  

                        Case Number: 18FC:0068

 

                               Acceptance Order

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


Jared Greiner filed formal complaint 18FC:0068 on August 15, 2018.  He alleged that the Richland City Council (Council) violated Iowa Code chapter 21 when the Council entered into a closed session to discuss personnel matters.

Mr. Greiner alleged that on July 6, 2018, the Council conducted the closed session to meet with a city employee.  The employee did not want the closed session.


The city attorney investigated the allegations and determined that a closed session was not on the agenda, that there was not a proper reason announced or vote taken to enter a closed session, and that nothing was reported on the minutes about the closed session.  These are all violations of Iowa Code section 21.5.

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:0068 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 October 18, 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 October, 2018, to:

 

Jared Greiner

City of Richland