Date:
12/13/2018
Subject:
Juanita Murphy/Monroe County Board of Supervisors - Acceptance Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Juanita Murphy, Complainant And Concerning: Monroe County Board of Supervisors, Respondent |
Case Number: 18FC:0103 Acceptance Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.
Juanita Murphy filed formal complaint 18FC:0103 on October 29, 2018. She alleged that the Monroe County Board of Supervisors (Board) violated Iowa Code chapter 21 when two of the three Board members met to discuss and decide upon her termination.
Ms. Murphy is unaware of the actual date of this meeting, but provided information to show that on August 30, 2018, she met with a Board member who told her that he and another Board member had discussed and decided to terminate her employment.
A gathering of a majority of the members of a governmental body to deliberate or take action upon any matter within the scope of that body’s policy-making duties defines a meeting pursuant to Iowa Code section 21.2(2) and triggers the requirements for notice, agenda, and minutes under section 21.3 and 21.4.
Iowa Code section 23.7(1) requires that a complaint be filed within sixty days from the time the alleged violation occurred “or the complainant could have become aware of the violation with reasonable diligence.” Since the meeting was not noticed and no minutes were provided, the earliest Ms. Murphy could have known of the meeting was when she was told about it on August 30, 2018.
Ms. Murphy mailed the complaint to the IPIB on October 26, 2018. It was received and file stamped on October 29, 2018. Therefore, the complaint was timely filed.
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:0103 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 December 13, 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 December, 2018, to:
Juanita Murphy
Ann Smisek, legal counsel