19FC:0050 & 19FC:0055 Carritt, Muldoon/City of Little Sioux - Consolidation & Acceptance Order

Date:
07/18/2019

Subject:
Carritt, Muldoon/City of Little Sioux - Consolidation & Acceptance Order

Opinion:

The Iowa Public Information Board

COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance and Consolidation Order.

On May 6, 2019, Helen Carritt filed formal complaint 19FC:0050, alleging that the City of Little Sioux City Council (Council) violated Iowa Code chapter 21.  She alleged that two Council members, who had not attended recent meetings, moved and seconded a motion to remove the city clerk in a closed session. She believes they must have met prior to the meeting.

She also alleged that at the next meeting, on May 9, 2019, three Council members stayed after the meeting to further discuss Council business.

On May 22, 2019, Sheila Muldoon filed formal complaint 19FC:0055, also alleging violations of Chapter 21 by the Council.  She alleged that the closed session for the employee review was not requested by her, in violation of Iowa Code section 21.5(1)(i).  She also alleged that a vote was taken to terminate her employment in that closed session.

Both complaints allege similar violations.  Therefore, it is appropriate for the complaints to be consolidated.

IPIB staff review of the agendas, minutes, and audio recordings revealed a number of violations of Iowa Code chapter 21.  The city attorney has indicated a willingness to work with IPIB staff to address these issues.

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.  These complaints meet those requirements.

IT IS SO ORDERED:  Formal complaints 19FC:0050 and 19FC:0055 are consolidated and accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a).  Parties are directed to engage in reaching an informal resolution, with the assistance of IPIB staff, pursuant to Iowa Code section 23.9.

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 July 18, 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

Dated this ____ day of _________, 2019.

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of ________, to:

Helen Carritt

Sheila Muldoon

Todd Argotsinger, city attorney