18FC:0086 Matt Anderson/City of Montour - Dismissal Order

Topics:

Formal Complaints

Date:
10/18/2018

Subject:
Matt Anderson/City of Montour - Dismissal Order

Opinion:

The Iowa Public Information Board

In re the Matter of:

Matt Anderson, Complainant

And Concerning:

City of Montour,  Respondent

  

           Case Number: 18FC:0086

 

                   Dismissal Order

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


Matt Anderson filed formal complaint 18FC:0086 on September 26, 2018, alleging that the City of Montour (City) violated Iowa Code chapter 22.

On June 28, 2017, he requested a copy of the City sewer code.  The City provided a portion of the Code on July 21, 2017. He alleged he should have received the entire code in July of 2017.  


The city attorney responded to his complaint, stating that he believed he had provided the records requested.  Until the filing of this complaint, he had not received another request or an objection to the record response.  Mr. Anderson has been attending city council meetings in the last year to discuss allegations of a city sewer code violation.

Iowa Code section 23.7(1) limits IPIB jurisdiction to violations that have occurred within the last 60 days.  This complaint exceeds that jurisdictional limitation.


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 all of those requirements.

IT IS SO ORDERED:  Formal complaint 18FC:0086 is dismissed as beyond IPIB jurisdiction 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 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:

 

Matt Anderson

Mike Marquess, city attorney