Date:
04/16/2020
Subject:
Logan Nehman/Fonda City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Logan Nehman, Complainant And Concerning: Fonda City Council, Respondent |
Case Number: 20FC:0027
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 March 5, 2020, Logan Nehman filed formal complaint 20FC:0027, alleging that the Fonda City Council (Council) violated Iowa Code chapter 21 at a Board meeting on January 8, 2020.
He alleged that after the meeting adjourned on January 8, 2020, the Mayor and a councilmember held another meeting without proper notice.
The Council replied to the complaint on March 13, 2020, stating that the Mayor and two council members (out of five) met briefly after the council meeting to discuss times for interviewing job applicants. They were the city officials responsible for conducting the interviews. Another council member briefly joined the conversation to volunteer to assist if needed. No decisions or policy issues were made or discussed.
Iowa Code section 21.2(2) defines a meeting as:
“... a gathering in person or by electronic means, formal or informal, of a majority of the members of a governmental body where there is deliberation or action upon any matter within the scope of the governmental body’s policy-making duties. Meetings shall not include a gathering of members of a governmental body for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of this chapter.”
Initially, a majority of the members were not present. Even when a third council member briefly joined the group, it was to discuss scheduling. This would be considered a ministerial purpose and not a meeting as defined by the Iowa Code.
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 meet those requirements.
IT IS SO ORDERED: Formal complaint 20FC:0027 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 April 16, 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
1. Mr. Nehman is a council member, but stated he did not participate in the gathering following the meeting.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of April, 2020, to:
Logan Nehman
Fonda City Council