Date:
07/18/2019
Subject:
Hank Hill/City of Charles City - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Hank Hill, Complainant And Concerning: City of Charles City, Respondent |
Case Number: 19FC:0068 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On June 13, 2019, Hank Hill filed this formal complaint against the City of Charles City (City) alleging that the City had violated Iowa Code chapter 21.
According to Mr. Hill’s complaint, the City held a meeting on June 12, 2019, without posting proper notice. The posted notice included the heading of:
Council/Staff Planning Session
Council Chambers, City Hall
The first item on the agenda read “1. Meeting Date And Time, 1.I June 12, 2019 Fire Station, Tour Of Station Will Be Done At 5:00 P.m. With The Regular Meeting Starting At 6:00 P.m.”
This notice was properly posted more than 24 hours prior to the meeting.
Mr. Hill also alleged that the city violated Chapter 21 by changing the locations of meetings, such as scheduling a meeting at the fire station instead of city hall. He stated that the City has also posted notice for a meeting for one location and time, only to change the time to a later time/date or change the location. He did not allege meetings were held with less than 24 hour notice.
He added that City officials were not responding to his emails and expressed concerns about information on the City’s social media page.
The City administrator responded to the complaint, stating that this agenda clearly stated the date, time, and location of the meeting. He added that the location changes were planned to allow tours of city facilities. In November, the meetings will return to city hall. He noted that the City posts proper notice of the meetings on the bulletin board at city hall and on the city website. He stated that Mr. Hill can contact the city clerk to be added to the list used to send email notice of meetings.
Iowa Code section 21.4(1)(a) requires that a governmental body give “notice of the time, date, and place of each meeting… and a tentative agenda of the meeting,....” The notice for this meeting did provide that information. While the City letterhead might have been confusing, there was proper information provided as the first information item.
Iowa Code section 21.4(2)(a) requires “at least twenty-four hours” notice prior to the commencement of the meetings. The examples of changes in date and time were to a later date, with more than 24 hour notice.
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 all those requirements.
IT IS SO ORDERED: Formal complaint 19FC:0068 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:
Hank Hill
City of Charles City