Date:
01/28/2019
Subject:
David Briese/City of Sergeant Bluff - Acceptance Odrer
Opinion:
The Iowa Public Information Board
|
In re the Matter of: David Briese, Complainant And Concerning: City of Sergeant Bluff, Respondent |
Case Number: 18FC:0125 Acceptance Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.
David Briese filed formal complaint 18FC:0125 on December 20, 2018. He alleged that the City of Sergeant Bluff (City) violated Iowa Code chapter 21 on December 14, 2018.
He alleged that the violation occurred when the city council held a meeting without posting a notice and agenda as required by Iowa Code section 21.4(1)(a). In addition, the minutes for the meeting did not meet the requirements of Iowa Code section 21.3.
Iowa Code section 21.4(1)(a) require that the notice and agenda indicate “the time, date, and place of each meeting...and the tentative agenda of the meeting….”
The notice for the December 14, 2018, meeting listed the place of the meeting as “UNDISCLOSED LOCATION.” The agenda also does not list the location of the meeting. The minutes of the meeting also do not list the location of the meeting as required by section 21.3.
The City responded that the template for the notice and agenda has a default setting for “UNDISCLOSED LOCATION” that was inadvertently not corrected.
During this meeting, the City held a closed session concerning a real estate transaction. According to the City, this real estate transaction has now been completed. Pursuant to Iowa Code section 21.5(1)(j) the minutes and the audio recording should be available for public examination.
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:0125 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:
David Briese
City of Sergeant Bluff