Date:
12/19/2019
Subject:
Wayne Demmer/Dubuque County Board of Supervisors - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Wayne Demmer, Complainant And Concerning: Dubuque County Board of Supervisors, Respondent |
Case Number: 19FC:0126
Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On October 23, 2019, Wayne Demmer filed a formal complaint against the Dubuque County Board of Supervisors (Board). He alleged that the Board violated Iowa Code chapter 21 on August 26, 2019.
Mr. Demmer alleged that the Board did not place an action item on its August 26, 2019, agenda prior to granting a contract to a local non-profit agency.
The Dubuque County Attorney responded on behalf of the Board on November 25, 2019. He noted that the resolution approving the contract was properly on the agenda for the Board meeting on July 22, 2019. The resolution approving the contract was placed on the agenda for the August 12, 2019, Board meeting. The Board approved this resolution at that meeting.
Copies of the approved resolution and the agenda for August 12, 2019, provided by the County Attorney indicate that the resolution was included on the agenda and approved and signed on that date. The Board’s agendas and minutes are also on the Board website and confirm this as well.
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:0126 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 December 19, 2019. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of December, 2019, to:
Wayne Demmer
C.J. May, Dubuque County Attorney