Date:
03/21/2019
Subject:
Luther Heller/Montour City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Luther Heller, Complainant And Concerning: City of Montour City Council, Respondent |
Case Number: 19FC:0022
Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On February 26, 2019, Luther Heller filed formal complaint 19FC:0022 against the City of Montour City Council (Council). He alleged that the Council violated Iowa Code chapter 21 on February 12, 2019.
Mr. Heller is the Mayor of the City of Montour. He alleged that on February 12, 2019, three members of the Council met to conduct a meeting concerning fire department personnel. He did not provide any information concerning how this meeting occurred.
The city clerk responded to the complaint on behalf of the Council. She stated that on February 19, 2019, a Council member gave her a letter addressed to the city clerk and to Mayor Heller and asked the city clerk to post a proper 24 hour notice of a special meeting. The city clerk notified Mayor Heller of the letter and posted notice on February 22, 2019.
Later that day, the city clerk stated that Mayor Heller contacted her and stated the meeting would not be held. He also told her that he would remove the posted notices. The city clerk stated that the proposed meeting did not occur.
Mayor Heller indicated in his complaint that he believes that at some time the three Council members did gather to discuss this issue, but did not provide any additional information. In an email on March 6, 2019, he agreed with the information provided by the city clerk.
It appears from the information provided that proper notice was attempted. Whether a meeting can be scheduled without the Mayor’s approval is not addressed in Iowa Code chapter 21.
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 19FC:0022 is dismissed as legally insufficient 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 “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.” The IPIB will review this Order on March 21, 2019. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson, J.D.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of March, 2019, to:
Mayor Luther Heller
Montour City Council, Lori Beck, city clerk