Date:
07/18/2019
Subject:
Karen Bixler/Onslow City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Karen Bixler, Complainant And Concerning: Onslow City Council, Respondent |
Case Number: 19FC:0060 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Karen Bixler filed formal complaint 19FC:0060 on May 31, 2019. She alleged that the Onslow City Council (Council) violated Iowa Code chapter 21 on May 29, 2019.
Ms. Bixler was the city clerk for Onslow at the time of the alleged violation. She alleged that on May 29, 2019, it was “extremely obvious” that the Council had met earlier. In addition, she alleged that “a council member had leaked information on what would be discussed as the council chambers was packed.”
According to Ms. Bixler,
“Mayor Streeper came to City Hall and amended the agenda on my computer before the meeting and posted it. Betty Jordan brought her own recording device and stated she was going to record the meeting. I informed her ,she could not do that. As Mayor Streeper had forgetten the city tape recorder at her house - Jordan's phone recorder was used. I informed Jordan her device must be kept at City Hall until the closed session minutes could be downloaded to another device. There was a long argument. In any event Jordan took her recording device home with her. I have nothing here at City Hall to write my minutes with, nor the recorded session here in city hall as prescribed by state law. Jordan also wanted to accept my resignation within the closed session. When I told her that could not be done - she once again argued with me. As some council members recongnized this should not be done, a meeting was scheduled for June 3, 2019.
Ultimately, Jordan (and possibly another council member) leaked this information to the public primarily via FaceBook. The results of this being that a "couple" of citizens went to the local newspaper with closed session information and other totally false information for a news story derived totally from gossip and facebook gossip.
Ms. Bixler subsequently resigned as city clerk.
The only two matters that could be considered possible violations of Iowa Code chapter 21 were the alleged meeting that occurred without notice and whether the amended notice was properly posted.
Beth Streeper, mayor of Onslow, responded on June 10, 2019, that she had amended the agenda to allow action on the terms of an informal resolution on another formal complaint. She stated that the amended agenda was posted more than 24 hours prior to the Council meeting.
Ms. Bixler contacted the IPIB office on June 13, 2019. She stated she thought it might have been more of a ‘walking quorum’ between two of the five Council members. She was unable to provide any specific information of a violation. She added that Beth Streeper yelled at her at a meeting.
A new Mayor, Russ Benke, was appointed on June 17, 2019. He contacted that IPIB office on June 19, 2019, to request copies of this complaint as they cannot recover the password to the city email system.
Ms. Bixler has been asked by email and verbally to provide additional information in support of her complaint. She has not submitted any additional information.
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:0060 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 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, J.D.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of July, 2019, to:
Karen Bixler
City of Onslow, Mayor Russ Benke
Formal complaint 19FC:0010, Russ Benke/City of Onslow. The City agreed to an informal resolution which required the Council to receive training on open meetings by June 17th. The Council wanted to complete the informal resolution at the May 29, 2019, Council meeting.