Date:
05/16/2019
Subject:
Lynnette Simonson/Callendar Library Board - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Lynnette Simonson, Complainant And Concerning: Callender Library Board, Respondent |
Case Number: 19FC:0045 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On April 25, 2019, Lynnette Simonson filed this formal complaint against the Callender Library Board (Board) alleging violations of Iowa Code chapters 21 and 22 on April 18, 2019.
Ms. Simonson alleged that the meeting agenda for this date listed “Discussion of interpersonal trustee communications” as an agenda item. During this discussion, one person accused Ms. Simonson of writing an email that this person found harassing. At the same meeting, another individual accused her of swearing at him last year.
She also alleged that other Board members have been rude to her and will not communicate with her. She stated this began as a result of her appointment to the Board in July 2018. Some Board members do not recognize her appointment, stating that they thought it was not confirmed by City Council.
Toward the end of this meeting, Ms. Simonson stated she needed to leave, but the Board would not agree to adjourn and asked her why she needed to leave. Ms. Simonson also stated that the Board does not listen to her opinions about how the Board should function. She added that Board trustees have continually told her to resign.
Ms. Simonson asked that the IPIB intervene and direct the Board to behave more civilly and respectfully toward her. She also questioned the validity of some of the Board decisions that allegedly do not follow the Board handbook.
Ms. Simonson provided copies of emails, city council minutes, a Board agenda for April 18, 2019, a financial report, and unapproved minutes from a previous meeting.
There were no apparent irregularities in any of the materials submitted by Ms. Simonson. IPIB staff asked if there was any other information to substantiate the complaint. No additional information was provided.
The city attorney responded to the complaint and stated he was willing to discuss these concerns with Ms. Simonson.
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 those requirements.
IT IS SO ORDERED: Formal complaint 19FC:0045 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 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 U.S. postal or electronic mail on the ___ day of May, 2019, to:
Lynnette Simonson
Connor Mulholland, city attorney