Date:
03/19/2020
Subject:
Jerry Peck/City of Zearing - Acceptance Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Jerry Peck, Complainant And Concerning: City of Zearing, Respondent |
Case Number: 20FC:0011
Acceptance Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order:
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 City responded to his complaint on March 6, 2020. The City noted that Mr. Peck did not request to be placed upon the agenda before the deadline the City has to make such a request.
The City also noted that the Mayor did not appoint his nephew to a City board. The city council voted to approve two persons to fill vacancies at an open meeting. One person was named on the agenda as a candidate for one of the openings. The second person was nominated at the beginning of the meeting by a vote of the council.
The 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.
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 fulfill those requirements as to the lack of adequate (24 hour) notice for the agenda item concerning filling a board vacancy.
IT IS SO ORDERED: Formal complaint 20FC:0011 is accepted as to the agenda deficiency pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a).
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 reviewed and approved this Order on March 19, 2020. Pursuant to IPIB rule 497-2.1(4), the parties are 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 March, 2020, to:
Jerry Peck
Sarah Franklin, DavisBrown, legal counsel for the City of Zearing