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:0014
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 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 became angry and disconnected him from the telephone. His attempts to reconnect to the meeting were unsuccessful.
He further alleged he requested a copy of this audio recording of this meeting on December 12, 2019, and did not receive that. He was told that others have exceeded the three-minute time limit for open forum and have not been stopped from speaking.
He asked that the IPIB assist by getting the recording for him and by removing the Mayor for his conduct.
The City responded to his complaint on March 6, 2020. The City said the call ended when Mr. Peck finished his prepared remarks. The City also said that the public was allowed to attend the meeting in person and that Mr. Peck was given the opportunity to participate by telephone.
The requested records were released to Mr. Peck, but not until March 5, 2020. The City explained that the delay occurred in part because of a change in legal representation. However, there was a significant delay, of approximately 6 weeks, between the date of the request and providing the recording to legal counsel for review. Mr. Peck was not informed that his record request was received and that release of the record could 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 does encourage such participation.
Iowa Code chapters 21 and 22 do not address the issue of the appropriateness of the Mayor’s conduct or allow the IPIB to remove the Mayor.
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. The open meetings complaint does not fulfill those requirements. The public records portion of this complaint does meet those requirements.
IT IS SO ORDERED: Formal complaint 20FC:0014 is accepted as to the alleged violation of Chapter 22 only. The Chapter 21 alleged violation is dismissed as legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). IPIB staff will work with the parties to negotiate an informal resolution pursuant to Iowa Code section 23.9.
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 issued 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