Date:
05/16/2019
Subject:
Jane Osborn/City of Vinton City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Jane Osborn, Complainant And Concerning: City of Vinton City Council, Respondent |
Case Number: 19FC:0037
Dismissal Order
|
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On April 6, 2019, Jane Osborn filed formal complaint 19FC:0037 against the City of Vinton City Council (Council). She alleged that the Council violated Iowa Code chapter 21 on March 28, 2019.
On March 28, 2019, the Council went into a closed session to discuss litigation with counsel. The agenda for that date indicates a closed session pursuant to “Iowa Code 21.5(c).” There is not a “21.5(c)” section in the Iowa Code. The agenda does not describe what this section allows.
Counsel for the City responded that the closed session was to discuss ongoing litigation. That code section is properly cited as 21.5(1)(c).
Ms. Osborn stated that the litigation referenced by counsel had been litigated and was pending a court hearing to determine a fine. The City, following the closed session, voted to retain a cleaning service for the property deemed a nuisance by the court decision. She alleged that the discussion of abatement of the nuisance should not have been discussed in closed session.
The litigation involved property owned by Ms. Osborn that was declared to be a nuisance by the court. The fines had yet to be determined. It seems perfectly reasonable for the Council to discuss damages with counsel in closed session.
It should be noted that it would have been more descriptive for the agenda item to have read “Closed session pursuant to Iowa Code section 21.5(1)(c) - To discuss pending litigation with counsel.” Failure to word the agenda item in this manner, however, is considered to be harmless error.
Based upon review of the complaint, the agenda, and other information, this complaint is dismissed as harmless error.
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:0037 is dismissed as harmless error 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 May 16, 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 May, 2019, to:
Jane Osborn
Robert Fischer, city attorney