Date:
11/21/2019
Subject:
Duane Mann/Woodbine City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Duane Mann, Complainant And Concerning: Woodbine City Council, Respondent |
Case Number: 19FC:0125 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On October 21, 2019, Duane Mann filed formal complaint 19FC:0125, alleging that the Woodbine City Council (Council) violated Iowa Code chapter 21 at an open meeting held on August 21, 2019.
Mr. Mann alleged that the agenda for that meeting contained an action item described on the agenda as “Item IV: Action Item: Approval of Resolution 19-8-3: A RESOLUTION APPROVING THE SETTLEMENT PAYMENT OF $25,000 AND INCREASING THE CITY ADMINISTRATOR’S PAY TO $55,000.” He alleged the Council violated Iowa Code chapter 21 when the Mayor informed the Council “that they could not discuss this item and a vote was called and it was passed by the Council.”
The city attorney responded to the complaint, noting that the complaint was not timely filed pursuant to Iowa Code section 23.7(1) in that the alleged offense occurred 61 days prior to the filing of the complaint.
In addition, he noted that the Mayor stated to the Council “that ‘we are limited to what can be said.’ The Mayor then read the resolution that gave significant background for the reasons behind the proposed resolution. There was discussion on the topic and the resolution was ultimately passed in the appropriate course.”
He added that, “No member of the public audience or council member was denied being heard.” He noted that a video recording of the meeting was available for review. IPIB staff confirmed that the recording showed no violations of Iowa Code chapter 21.
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 those requirements.
IT IS SO ORDERED: Formal complaint 19FC:0125 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 November 21, 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 or First Class mail on the ___ day of November, 2019, to:
Duane Mann
Todd Argotsinger, council for the Woodbine City Council