Date:
03/19/2020
Subject:
Jerry Peck/City of Zearing - Dismissal 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:0012
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 February 9, 2020, Jerry Peck filed formal complaint 20FC:0012 alleging that the City of Zearing (City) violated Iowa Code chapters 21 and 22.
Mr. Peck alleged that at an open meeting on January 13, 2020, the mayor of the City engaged in conduct “unbecoming of a Mayor… (he) did not let me finish, cut me off and then started yelling at me about how he was tired of hearing from me and more.” Mr. Peck was speaking at the meeting by telephone.
Mr. Peck also raised his concerns that his building permits were not being properly reviewed. This issue is not governed by Iowa Code chapters 21 and 22, and, therefore, is not within the jurisdiction of the IPIB.
The City responded to his complaint on March 6, 2020. The City described the history of the building permit issue, which is not relevant to the IPIB review of this complaint. The response did not address the issue of the Mayor’s conduct.
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 absolute right for a citizen to speak at a meeting provided by Chapter 21, although the IPIB does encourage such participation.
Iowa Code chapters 21 and 22 do not address the issue of the appropriateness of the Mayor’s conduct.
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:0012 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 March 19, 2020. 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 March, 2020, to:
Jerry Peck
Sarah Franklin, DavisBrown, legal counsel for the City of Zearing