Date:
05/16/2019
Subject:
Davenport Civil Rights Commission/City of Davenport - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Davenport Civil Rights Commission, Complainant And Concerning: City of Davenport, Respondent |
Case Number: 19FC:0043 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
The Davenport Civil Rights Commission (DCRC) filed formal complaint 19FC:0043 on April 18, 2019. The complaint alleged that the City of Davenport (City) violated Iowa Code chapters 21 and 22 on April 15, 2019, when the Mayor of the City “privately met with the entire council to allegedly review records to agree to remove the majority of the city’s civil rights commission without a hearing or notice.” No additional information was provided.
Requests were made by IPIB staff seeking additional information by telephone to the DCRC office and by email to the Director of the DCRC. No additional information has been provided since the filing date.
Although there is significant media coverage of the dispute between some members of the DCPC and the City, a review of that coverage failed to provide any grounds to show that a violation of Iowa Code chapters 21 and 22 occurred.
The IPIB has jurisdiction over alleged violations of Iowa Code chapters 21 and 22. Iowa Code section 23.8 requires that the IPIB determine that “on its face, the complaint is within the board’s jurisdiction, appears sufficient, and could have merit” before accepting a complaint. Without further information from the complainant, this complaint does not meet those requirements and cannot be accepted.
IT IS SO ORDERED: Formal complaint 19FC:0043 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 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:
Latrice Lacey, Davenport Civil Rights Commission
Tom Warner, attorney for the City of Davenport