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:0013
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 10, 2020, Jerry Peck filed formal complaint 20FC:0013 alleging that the City of Zearing (City) violated Iowa Code chapters 21 and 22.
Mr. Peck alleged that on January 12, 2020, he requested a copy of the “Proposed zoning amendments to planning and zoning commission” referenced in the minutes of a November city council meeting. The City responded that the city council did not approve the documents and they were considered “null and void.”
He also alleged that the City mayor improperly cancelled the November 25, 2019, meeting of the Planning and Zoning Commission (Commission). He added that the Commission planned to review the zoning amendments at that meeting.
The City responded to his complaint on March 6, 2020. The City said the November Commission meeting was cancelled because the City was unable to properly notice that meeting pursuant to City ordinance (copy of City ordinance provided).
As to the release of a copy of the proposed amendment the City received from the former City attorney, the City responded that this document is considered an attorney work product and is therefore protected by the attorney-client privilege.
A review of the minutes for the November 12, 2019, council meeting indicates that the proposed amendment was included on the agenda and action was taken to refer the matter to the Commission. The minutes also note that the amendments “have been under informal discussion by the city’s administration, various members of the community and the city attorney.” This suggests that any privilege may have been waived.
Upon further review of the complaint, the City agreed to release the document and waive any attorney/client privilege or any claims that the document was confidential pursuant to the “draft” exception outlined in Iowa Code section 22.7(65). There was only one document responsive to the record request.
Chapter 21 does not provide statutory requirements for cancelling a meeting. The mayor’s actions in cancelling the November 25, 2019, meeting of the Commission is not a violation of open meetings law.
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. With the release of the requested record, this complaint is resolved.
IT IS SO ORDERED: Formal complaint 20FC:0013 is dismissed 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
1 Legal counsel for the City also mentioned that there was another possible exception to release, citing the confidential record description of “tentative, preliminary, draft, speculative, or research material, prior to its completion for the purpose for which it is intended…” as outlined by Iowa Code section 22.7(65).