Date:
01/16/2020
Subject:
Connie Hallberg/City of Lorimor - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Connie Hallberg, Complainant And Concerning: City of Lorimor, Respondent |
Case Number: 20FC:0001 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Connie Hallberg filed formal complaint 20FC:0001 on January 3, 2020, alleging that the City of Lorimor (City) violated Iowa Code chapter 22 by failing to release public records.
Ms. Hallberg alleged that on December 3, 2019, she requested a copy of the city parking ordinance and pictures taken by the City of her truck. Ms. Hallberg stated that the City had her truck towed for allegedly violating a city ordinance. She received the city ordinance from the city clerk on December 3, 2019. The city clerk emailed Ms. Hallberg on December 4, 2019, stating that she would forward the photos when she received them.
Ms. Hallberg requested that the IPIB order the City to refund the towing and impound bill and pay the money she spent for gas. She also explained that she was working with the Ombudsman’s Office concerning this and other allegations of mistreatment by city officials.
The formal complaint was forwarded to the City on January 6, 2020. Copies of the photos were provided to the IPIB and Ms. Hallberg on January 7, 2020. Ms. Hallberg then supplied photos of other vehicles she stated showed violations of the city parking ordinance.
According to Iowa Code section 23.1, the authority of the IPIB is limited to matters within the scope of Iowa Code chapters 21 and 22. The IPIB does not have the authority to represent her with her other complaints. She can use those photos to assist the Ombudsman with their investigation of her other concerns.
The City sent the parking ordinance immediately after Ms. Hallberg requested it. Once the photos were retrieved, they were also released.
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 20FC:0001 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 January 16, 2020. 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 January, 2020, to:
Connie Hallberg
City of Hallberg, attn: Doris Loy, city clerk