Date:
06/20/2019
Subject:
Jody Neppl/City of Fonda - Report on Informal Resolution/Final Report
Opinion:
Before The Iowa Public Information Board
|
In re the Matter of: Jody Neppl, Complainant And Concerning: City of Fonda, Respondent |
Case Number: 19FC:0021 Report on Informal Resolution |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits this Report recommending acceptance of the proposed informal resolution and dismissal of this complaint as formally resolved.
Jody Neppl filed formal complaint 19FC:0021 on February 26, 2019. She alleged that the City of Fonda (City) violated Iowa Code chapter 22 when the police chief did not respond to her request for a public record.
Ms. Neppl alleged she sent a written request to the City police chief on January 2, 2019, requesting a copy of a police report dated November 7, 2018, that was presented to the city council at an open meeting. She had not received the record by the date of her complaint.
When notified of this complaint, the city clerk advised IPIB staff that the police chief would respond on behalf of the City.
On March 5, 2019, the police chief emailed a response. The response included the requested record and a written response from the police chief. In his response, he stated that Ms. Neppl was told to send any record requests to the Pocahontas County Communications Center.
The Iowa Public Information Board (IPIB) accepted the formal complaint on March 21, 2019. Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution.
The parties agreed to the following terms:
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The City will designate a lawful custodian to receive requests for public records and publicly announce that designation. The City will accept public record requests in writing, by telephone, or by electronic means.
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The City will conduct training for all council members and other city officials on Iowa Code chapters 21 and 22 (Sunshine Laws). The City may utilize the powerpoint training available on the IPIB website or schedule training through the League of Cities.
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The City will approve this resolution during an open meeting and include the full text in the minutes of said meeting. Said minutes shall be provided to the IPIB.
Upon showing proof of compliance, the IPIB would dismiss this complaint as successfully resolved.
The City approved the informal resolution at a meeting on May 15, 2019. The terms of the informal resolution were completed at that meeting.
Ms. Neppl approved the informal resolution on May 10, 2019.
The IPIB Administrator recommends that the IPIB approve the informal resolution, allow the IPIB Chair to sign the informal resolution on behalf of the IPIB, acknowledge compliance with the terms of the informal resolution, and dismiss this complaint as successfully resolved.
By the IPIB Executive Director
_________________________________
Margaret E. Johnson, J.D.
Dated this ____ day of June, 2019.
CERTIFICATE OF MAILING
This document was sent by electronic and/or regular mail on the ___ day of June, 2019, to:
Jody Neppl
City of Fonda
James Hudson, city attorney
The Iowa Public Information Board
|
In re the Matter of: Jody Neppl, Complainant And Concerning: City of Fonda, Respondent |
Case Number: 19FC:0021 Report on Informal Resolution |
THIS MATTER comes before the Iowa Public Information Board (IPIB) for acceptance of the informal resolution and dismissal of the complaint.
The IPIB finds that the terms of the Informal Resolution are appropriate.
The IPIB further finds that the terms of the Informal Resolution have been met and proof of compliance filed with the IPIB.
IT IS THEREFORE ORDERED that the informal resolution is approved and that the IPIB chair shall sign the informal resolution. The formal complaint is dismissed as successfully completed.
SO ORDERED this 20th day of June, 2019.
_________________________________
IPIB chair
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of June, 2019, to:
Jody Neppl
City of Fonda
James Hudson, city attorney