Date:
09/20/2018
Subject:
William Olney/City of Marathon - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: William Olney, Complainant And Concerning: City of Marathon, Respondent |
Case Number: 18FC:0073 Order for Dismissal |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Order to Dismiss.
William Olney filed complaint 18FC:0073 with the IPIB on August 27, 2018. He alleged that the City of Marathon (City) violated Iowa Code chapters 21 and 22 by withholding public records he requested. He submitted his record request to both the city attorney and the city clerk on July 31, 2018.
He requested records that pertain to an overbilling on his utility bill. He was erroneously billed for $502.27. When he brought this to the attention of the City, his bill was amended to delete this charge.
Mr. Olney stated that the City “failed to produce the minutes of the meeting which allowed the Mayor to use public funds without going through the city council to cover up failings of the city employees to do their jobs and not following open meetings laws….”
In the response by the City, the city attorney stated that there are no records, public or otherwise, that pertain to his request. When the error was presented to the Mayor, the Mayor directed the city clerk to credit his account for the improper billing. No City action was required, so the matter was not placed on the agenda for a city council meeting and does not appear in any minutes.
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 does not meet those requirements.
IT IS SO ORDERED: Formal complaint 18FC:0073 is dismissed as legally insufficient and without merit 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 September 20, 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 September, 2018, to:
William Olney
Donald Winkler, city attorney