Date:
04/18/2019
Subject:
Jerry Twito/City of Calendar - Final Report & Order
Opinion:
Before The Iowa Public Information Board
|
In re the Matter of: Jerry Twito, Complainant And Concerning: City of Callender, Respondent |
Case Number: 18FC:0111
Report |
COMES NOW Amanda T. Adams, Legal Counsel for the Iowa Public Information Board (IPIB), and submits this Report recommending dismissal of the case due to completion of the Informal Resolution.
Mr. Twito submitted his complaint on November 29, 2018, concerning the City of Callender, alleging two violations of Chapter 21. Mr. Twito alleged that prior to the City Council meeting on October 23, 2018, the City published an agenda containing only the word “Library.” However, Mr. Twito said during the meeting, council members gave a detailed performance evaluation of the Library Director, Tina Twito. The City disagreed, saying they only met to discuss general library business and not specifically to evaluate the Library Director’s performance.
Mr. Twito also alleged that on November 8, 2018, the Callender Public Library held a meeting, and three (3) of the five (5) City Council Members attended that library board meeting. No prior notice was published that a majority of council members were going to attend the library board meeting. Mr. Twito further alleged that the City Council members then discussed the next year’s budget at the November 8, 2018, library board meeting. The City of Callender disagreed, saying two members were silent and only one spoke.
The Iowa Public Information Board accepted the formal complaint on January 28, 2019, and pursuant to Iowa Code § 23.9, the parties negotiated and reached an informal resolution on March 7, 2019, which was approved by the board at the March 21, 2019, meeting.
The minutes for the March 19, 2018, City of Callender City Council meeting reflect that the City of Callender unanimously approved a resolution containing the terms of the informal resolution and that all but one of the members had completed the online training. On April 8, 2019, Connor Mulholland verified that Nate Martens, the final City Council Member, had completed the sunshine laws training online.
The City acknowledged, by unanimously approving minutes, that it published an agenda with the word “Library” prior to its October 23, 2018, meeting. The City also acknowledged that Mr. Twito alleged the City had evaluated his wife’s performance without specific notice, while disagreeing about the extent of the meeting’s discussion or the sufficiency of its agenda. The City also recognized Mr. Twito’s allegations about the November 8, 2018, meeting and its response to those allegations.
The City also agreed that a notice and agenda must include all items for deliberation and action in a manner reasonably anticipated to notify the public of that information. It acknowledged its obligation to provide that notice twenty four (24) hours in advance of any meeting.
The City approved the resolution adopting the Informal Resolution at its meeting on March 19, 2019, meeting.
The terms of the parties’ agreement have been completed. I recommend that the IPIB dismiss this complaint as successfully resolved.
Respectfully submitted,
Amanda T. Adams,
IPIB Legal Counsel.
CERTIFICATE OF MAILING
This document was sent by electronic and/or regular mail on the ________ day of April, 2019 to:
Connor Mulholland, City Attorney (email)
Jerry Twito, Complainant (email)
The Iowa Public Information Board
|
In re the Matter of: Jerry Twito, Complainant And Concerning: City of Callender, Respondent |
Case Number: 18FC:0111
Order |
This matter comes before the Iowa Public Information Board (IPIB) this 18th day of April, 2019, to consider Dismissal upon proof of compliance with the Informal Resolution.
The IPIB accepted the complaint against the City of Callender on January 28, 2019, and the parties reached a proposed Informal Resolution Agreement which the parties signed on March 7, 2019.
The IPIB reviewed the proposed Informal Resolution and approved it pursuant to Iowa Administrative Rule 497-2.4 (3) on March 21, 2019. It provided that the complaint would be dismissed upon completion of the terms.
The City has provided proof of its compliance through its minutes of the March 19, 2019, meeting, and subsequent additional written clarifications.
The case is therefore dismissed with satisfactory completion.
____________________________
IPIB Chair
CERTIFICATE OF SERVICE
This document was sent by electronic mail on the ___________day of April, 2019, to:
Jerry Twito, Complainant
Connor Mulholland, Attorney for Cedar Falls.