Date:
03/21/2019
Subject:
Roger Hanson/City of Duncombe - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Roger Hanson, Complainant And Concerning: City of Duncombe, Respondent |
Case Number: 19FC:0027 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On March 9, 2019, Roger Hanson filed this formal complaint against the City of Duncombe (City) alleging that the City had violated Iowa Code chapter 21 by meeting electronically without following the requirements of Iowa Code section 21.8.
On January 9, 2019, the City council held a city council meeting. Four of the five members were present in person. One member participated by telephone.
This is not an electronic meeting as contemplated in Iowa Code section 21.8. Chapter 21 does not prohibit a governmental body from allowing a member to participate by telephone.
The IPIB has noted on its website, www.ipib.iowa.gov, in a frequently asked question (FAQ), that when a “majority of the members of a governmental body” meet via a telephone conference, this is an electronic meeting and Iowa Code section 21.8 procedures must be followed.
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 does not meet all those requirements.
IT IS SO ORDERED: Formal complaint 19FC:0027 is dismissed as legally insufficient and without merit 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
_________________________________
Margaret E. Johnson, J.D.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of March, 2019, to:
Roger Hanson
City of Duncombe