Date:
03/19/2020
Subject:
Rick Good/City of Zearing - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Rick Good, Complainant And Concerning: City of Zearing, Respondent |
Case Number: 20FC:0016
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, Rick Good filed formal complaint 20FC:0016 alleging that the City of Zearing (City) violated Iowa Code chapters 21 and 22.
Mr. Good alleged that on December 27, 2019, the City released personal information concerning one of his utility accounts to another individual. He explained that he owns several rental properties in Zearing. He stated that he “accidentally gave the wrong water bill to the renters.” When one individual questioned the bill she received at city hall, the city clerk released information concerning Mr. Good’s accounts.
He also alleged that “on a daily basis, there is a quorum within the city hall.” He did not provide additional information when asked.
The City responded to his complaint on March 6, 2020. The City provided a copy of an utility billing consumption inquiry, listing the history of water consumption and payments received. This document does not contain any personal or private information. The record was only provided to the tenant of the property listed.
There was no information provided to support the allegation of an illegal meeting.
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:0016 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:
Rick Good
Sarah Franklin, DavisBrown, legal counsel for the City of Zearing