Date:
07/18/2019
Subject:
Peter Gillin/Story County - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Peter Gillin, Complainant And Concerning: Story County, Respondent |
Case Number: 19FC:0069 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, Peter Gillin filed formal complaint 19FC:0069 against Story County (County) alleging that the County violated Iowa Code chapter 21.
Mr. Gillin alleged that the County held an illegal meeting on April 2, 2019. He alleged that the County met with the county attorney in a closed session to discuss legal strategy in litigation filed by Mr. Gillin in Story County District Court. The district court had ruled in Mr. Gillin’s favor, and the County was discussing whether to appeal this decision.
The County responded that the closed session was properly held pursuant to Iowa Code section 21.5(1)(c) -- to discuss strategy with counsel on matters in litigation. Determining whether to appeal a court ruling would clearly fall within this code subsection. The assistant county attorney was present. The County voted in open session at a later meeting on April 9, 2019, to file an appeal.
Mr. Gillin asked the IPIB to require the County to withdraw its appeal and to reprimand the assistant county attorney.
Iowa Code section 23.7(1) requires a formal complaint to be filed within 60 days of the alleged violation. This complaint was not filed within 60 days. The IPIB does not have jurisdiction over this complaint.
In addition, there is no evidence that the closed session was improperly held. The agenda for the April 2, 2019, meeting lists this closed session.
The county attorney is not a governmental body as defined by Iowa Code section 21.2(1). The complaint is legally insufficient and without merit as to allegations made against the county attorney. The IPIB would also have no jurisdiction to order the withdrawal of the appeal that was voted upon at an open meeting.
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:0069 is dismissed as outside the jurisdiction of the IPIB, as legally insufficient, and as 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 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:
Peter Gillin
Story County county attorney