Date:
01/28/2019
Subject:
Jerry Twito/City of Calendar - Acceptance Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Jerry Twito, Complainant And Concerning: City of Callender, Respondent |
Case Number: 18FC:0111 Acceptance Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.
Jerry Twito filed formal complaint 18FC:0111 on November 29, 2018. He alleged that the City of Callender (City) violated Iowa Code chapter 21 on two separate occasions.
He alleged that the first violation occurred on October 23, 2018, when the city council held a meeting that involved a personnel evaluation of the library director. He alleged that the agenda for this meeting did not include this topic.
The second alleged violation occurred on November 8, 2018, when three of the five city members attended a library board meeting and engaged in deliberation on governmental business. No notice was posted, and no agenda was drafted for the city council.
The City responded and admitted that the three council members were present and engaged in deliberation during the November 8, 2018, meeting of the library board. However, the City argued that the library board posted appropriate notice, so no notice was necessary, even though the groups are two separate governmental bodies.
The agenda for the October 23, 2018, meeting was vague. The posting for the discussion of library issues was one word, “Library”. The minutes indicated that numerous topics, all relating to the library, were deliberated on: “Discussion was held in regards to the library and what suggestions could be made to the library board to help in regards to funding and general improvements with the library.”
Iowa Code chapter 21 does not allow a governmental body to meet without proper notice and an agenda being posted. This chapter does not allow a governmental body to avoid such notice by holding a meeting within the properly noticed meeting of another governmental body. The City was responsible for posting appropriate notice even when meeting with another group.
The agenda for the October 23, 2018, meeting did not meet the requirements of Iowa Code section 21.4(1)(a) to provide an agenda “reasonably calculated to apprise the public of that information.”
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:0111 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 January 28, 2019. 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 January, 2019, to:
Jerry Twito
City of Callender