Date:
05/21/2020
Subject:
Jerry Peck/City of Zearing - Informal Resolution Report & Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Jerry Peck, Complainant and Concerning: City of Zearing, Respondent |
Case Numbers 20FC:0011 and 20FC:0014 Informal Resolution Order |
This matter comes before the Iowa Public Information Board (IPIB) this 21st day of May, 2020, to consider Acceptance of an Informal Resolution.
The IPIB accepted the complaint against the City of Zearing on March 19, 2020. Pursuant to Iowa Code section 23.9, the parties negotiated and reached a proposed Informal Resolution.
The Board has reviewed the settlement proposal and approves it pursuant to Iowa Administrative Rule 497-2.4(3).
The parties have 90 days to complete the proposed terms from today’s date. If the terms of the Informal Resolution are completed, the IPIB will dismiss the complaint.
_______________________________
IPIB Chair
CERTIFICATE OF SERVICE
This document was sent by electronic mail on the _________ day of ___________, 2020, to:
Jerry Peck
Sarah Franklin, legal counsel for the City of Zearing
Before The Iowa Public Information Board
|
In re the Matter of: Jerry Peck, Complainant And Concerning: City of Zearing, Respondent |
Case Numbers: 20FC:0011 and 20FC:0014
Informal Resolution Report
|
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits the following report recommending approval of an informal resolution:
On February 9, 2020, Jerry Peck filed formal complaint 20FC:0011 alleging that the City of Zearing (City) violated Iowa Code chapters 21 and 22.
Mr. Peck alleged that the City did not honor his request to be placed upon the agenda for the January 12, 2020, meeting, and that the Mayor wrongfully appointed the Mayor’s nephew to a City board.
The agenda listed one name to consider to fill a City board vacancy. The meeting agenda did not list the possibility that more than one vacancy would be filled or that other candidates would be solicited and possibly selected.
Iowa Code section 21.7 allows a governmental body to set reasonable rules to govern the conduct of its meetings. Chapter 21 does not require a governmental body to honor all requests to be included on an agenda.
The Iowa Public Information Board (IPIB) accepted this complaint as to the lack of adequate (24 hour) notice for the agenda item concerning the board vacancy.
On February 10, 2020, Jerry Peck filed formal complaint 20FC:0014 alleging that the City of Zearing (City) violated Iowa Code chapters 21 and 22.
Mr. Peck alleged that at an open meeting on December 9, 2019, he read a prepared comment over the phone during the open forum portion of the meeting. He alleged that while he was doing this, the mayor of the City disconnected him from the telephone. His attempts to reconnect to the meeting were unsuccessful.
He further alleged he requested a copy of the audio recording of this meeting on December 12, 2019, and did not receive that until March 5, 2020. Mr. Peck was not informed that his record request was received and that release of the record would be delayed.
Iowa Code section 21.7 allows the City to adopt and enforce “reasonable rules for the conduct of its meetings to assure those meetings are orderly, and free from interference or interruption by spectators.” There is no statutory right for a citizen to speak at a meeting provided by Chapter 21, although the IPIB encourages such participation.
The IPIB determined that this complaint had merit as to the allegation that the record was not released in a timely manner.
The Iowa Public Information Board (IPIB) accepted these formal complaints in part at the March 19, 2020, meeting. Pursuant to Iowa Code section 23.9, the parties negotiated and reached a proposed informal resolution.
The parties agreed to the following terms, subject to the IPIB’s approval:
1. The City acknowledges that the described actions occurred.
2. The City acknowledges that an agenda and notice must include all items for deliberation and action in a manner reasonably calculated to apprise the public of that information. Such notice must be given at least twenty four (24) hours in advance.
3. The City agrees that requests for public records should be reviewed and released in a timely manner. If there will be a delay, the record requestor should be contacted to explain the reason for the delay.
3. The City agrees to conduct training for all council members and other city officials on Iowa Code chapters 21 and 22. The City may utilize the PowerPoint training available on the IPIB website or schedule training with the city attorney or through the League of Cities.
4. The City agrees to adopt a policy concerning public record requests and the releasing of public records.
5. The City shall approve this resolution during an open meeting and include the full text in the minutes of said meeting. Said minutes shall be provided to the IPIB.
The terms of this informal resolution will be completed within 90 days of acceptance by all parties. Upon showing proof of compliance, the IPIB shall dismiss the complaint as successfully resolved.
The City of Zearing approved the informal resolution on April 13, 2020. Mr. Peck approved the informal resolution on April 18, 2020.
It is recommended that the IPIB approve the informal resolution, direct the chair to sign the resolution on behalf of the IPIB, and continue these matters until the terms of the resolution have been completed.
RESPECTFULLY submitted this ____ day of May, 2020.
________________________________
Margaret E. Johnson, J.D.
Executive Director
Iowa Public Information Board (IPIB)
502 E. 9th Street, Wallace Building
Des Moines, Iowa 50319
(515) 725-1783
margaret.johnson@iowa.gov
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of May, 2020, to:
Jerry Peck
Sarah Franklin, DavisBrown, legal counsel for the City of Zearing