Date:
10/18/2018
Subject:
Michele Anderson/City of Montour - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Michele Anderson, Complainant And Concerning: City of Montour, Respondent |
Case Number: 18FC:0080 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Michele Anderson filed formal complaint 18FC:0080 on September 20, 2018, alleging that the City of Montour (City) violated Iowa Code chapter 22.
On July 11, 2018, she requested copies of agendas and minutes from city council meetings from November 2016 through July 2018, the names of city council members and the city clerk, and a copy of the Montour City Code.
Ms. Anderson was advised on July 13, 2018, that she could receive records by visiting the City’s office. When she visited the City office on July 20, 2018, she received some, but not all, of the agendas and minutes. She did not receive the requested names of city council members and the city clerk nor did she receive the city code.
On July 24, 2018, she resubmitted her request for the missing agendas and minutes, as well as the other requested items. The city clerk provided the requested names. On July 26, 2018, she received an email from the mayor stating he had provided her with all the requested documents, that he would not provide any other records, and that all future requests would need to be submitted by her attorney and not by her.
A copy of the portion of the City code concerning sewers was provided to Ms. Anderson and her husband Matt (see formal complaint 18FC:0086) on September 17, 2018. Mr. Anderson had requested only the sewer code portion of the City Code. (Note: He stated in his complaint that he received a part of the sewer code in July 2017.)
A pre-arranged meeting to view the City Code on September 19, 2018, became confrontational, and local law enforcement intervened.
On September 25, 2018, Ms. Anderson received the missing agendas and minutes. The City Code was provided to the Andersons on October 1, 2018.
Counsel for the City responded to the complaint on September 26, 2018. In the response, he stated that he had been negotiating with the Andersons’ legal counsel over a dispute between the City and the Andersons involving an alleged sewer code violation. The City personnel believed that all requests for records were to be provided through counsel.
The City attorney stated that he believed that all of the requested records were provided by July 26, 2018. He was not informed that some records had not been provided until September 17, 2018. As of October 1, 2018, he was able to confirm that the Andersons had copies of or access to all requested records.
The IPIB accepted another complaint involving the City of Montour (18FC:0082). Although that complaint involved an open meeting violation, any concerns about the City’s procedure for responding to public records requests will be addressed in any informal resolution.
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. The requested records have been released to the Andersons.
IT IS SO ORDERED: Formal complaint 18FC:0080 is dismissed as harmless error 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 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:
Michele Anderson
Michael Marquess