19FC:0094 Nicholas Lefeber/Woodbine City Council - Dismissal Order

Topics:

Formal Complaints

Date:
08/15/2019

Subject:
Nicholas Lefeber/Woodbine City Council - Dismissal Order

Opinion:

The Iowa Public Information Board

In re the Matter of:

Nicholas Lefeber, Complainant

And Concerning:

Woodbine City Council, Respondent

  

                         Case Number: 19FC:0094

 

                                Dismissal Order

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

Nicholas Lefeber filed formal complaint 19FC:0094 on July 24, 2019.  He alleged that the Woodbine City Council(Council) violated Iowa Code chapter 21 on May 1, 2019.


Mr. Lefeber alleged that on May 1, 2019, the Council held a closed session to review job applications.  Following the closed session, the Council voted to hire an employee. He also alleged other past Council actions that he believes violate Iowa Code, but did not provide any specific information.

Iowa Code section 23.7(1) requires that a complaint must be filed within 60 days from the time of the alleged violation for the IPIB to have jurisdiction over the matter.  This complaint was not filed within that time frame. The Council meetings are recorded and posted live on social media.

 

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:0094 is dismissed as beyond the jurisdiction of the IPIB 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 β€œdelegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.”  The IPIB will review this Order on August 15, 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 August, 2019, to:

 

Nicholas Lefeber

City of Woodbine, Todd Argotsinger, city attorney