Date:
12/13/2018
Subject:
Barbara Hand/City of Alburnett - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Barbara Hand, Complainant And Concerning: City of Alburnett, Respondent |
Case Number: 18FC:0107 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Barbara Hand filed complaint 18FC:0107 on November 14, 2018. In her complaint she alleged that the City of Alburnett (City) violated Iowa Code chapter 21 on November 8, 2018, by failing to post the agenda for that meeting.
She stated: “There was no posting of the agenda for the held meeting on 11/08/2018. Even today, 11/14/2018 there is still no meeting agenda on the website nor the minutes of the meeting.” She continued, “Notices for prior meetings have been posted on the website since I have lived in town since 2008.”
The City responded and stated that the meeting notice with agenda was posted in four different locations more than 24 hours prior to the meeting. These locations included the City Hall, a convenience store, the post office, and a bank. The City Hall notice was posted on the door, facing outward; the other three were posted on community bulletin boards.
The City acknowledged that a website posting is made when possible and had not been made for this meeting. The new website is still under construction. Changes to the website must go through the web designer. Once the new website is completed, City staff will again have the ability to post notices and agendas.
Iowa Code section 21.4(1)(a) requires that notice be posted “on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting, or if no such office exists, at the building in which the meeting is to be held.”
The notice at the City Hall was sufficient to meet the requirements of Iowa law.
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.
IT IS SO ORDERED: Formal complaint 18FC:0107 is dismissed as legally insufficient 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 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 U.S. mail or electronic on the ___ day of December, 2018, to:
Barbara Hand
City of Alburnett