Date:
05/21/2020
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:0028
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:0028, alleging that the Fonda City Council (Council) violated Iowa Code chapter 21 at a Board meeting on March 5, 2020.
He alleged that after the meeting adjourned on March 5, 2020, the Mayor and some city council members met with a city employee to discuss government business.
The Council replied to the complaint on March 13, 2020, stating that the Mayor and three council members (out of five) were approached by a city employee after the meeting. The employee wanted to inform council members of a possible future health issue. It was not considered a meeting as 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.”
In this case, the city employee was sharing personal health information and not requesting any Council action. The employee approached the Council members. This is not within the definition of a 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 meet those requirements.
IT IS SO ORDERED: Formal complaint 20FC:0028 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 May 21, 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 May, 2020, to:
Logan Nehman
Fonda City Council