18FC:0118 Jeena Lynch/City of Independance - Dismissal Order

Topics:

Formal Complaints

Date:
01/28/2019

Subject:
Jeena Lynch/City of Independance - Dismissal Order

Opinion:

The Iowa Public Information Board

In re the Matter of:

Jeena Lynch, Complainant

And Concerning:

City of Independence,  Respondent

  

                     Case Number: 18FC:0118                                 

                      

                        Dismissal Order

             

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


On December 12, 2018, Jeena Lynch filed formal complaint 18FC:0118 against the City of Independence (City).  She alleged that the City violated Iowa Code chapter 21.

She reported that on October 4, 2018, a member of the city council contacted her and asked her  to place an item on an upcoming agenda. Ms. Lynch informed him that either the Mayor would need to request this, or a majority of the city council.


Ms. Lynch stated she asked him to bring written letters to her rather than have council members come in person to avoid any possible meeting violation.  Later that day, she received three written requests delivered by one council member.

Ms. Lynch stated that she asked for another written request, as four requests were needed to be a majority.  Another council member brought her a fourth written request later that day.
 

The formal complaint was not filed within 60 days of the alleged violation, as required by Iowa Code section 23.7(1).  In addition, this complaint is legally insufficient, as there is no evidence that four of the seven council members held a meeting as defined by Iowa Code section 21.2(2).
 

Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint.  This complaint does not fulfill those requirements.

 

IT IS SO ORDERED:  Formal complaint 18FC:0118 is dismissed as legally insufficient and beyond the jurisdiction of the IPIB 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 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:

 

Jeena Lynch

Emily Ellingson, legal counsel