Date:
04/16/2020
Subject:
Jerry Peck/Zearing City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Jerry Peck, Complainant And Concerning: Zearing City Council, Respondent |
Case Number: 20FC:0030
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 12, 2020, Jerry Peck filed formal complaint 20FC:0030 alleging that the City of Zearing City Council (Council) violated Iowa Code chapter 22. He alleged three violations:
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At a January 13, 2020, Council meeting, the published minutes indicate that the Mayor made a statement that Mr. Peck claims is incorrect. He considers the phrase “...‘Mayor had to re-explain to Mr. Peck’ to be derogatory.”
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At the same meeting, Mr. Peck alleged that the minutes were inaccurate regarding his record requests voiced during the meeting. He challenged this wording: “It was during this time the Mr. Peck interjected comments that were not relevant to the agenda item of codification/re-codifying the City Ordinances.”
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Mr. Peck alleged that at this same meeting he made suggestions concerning the agenda posting policy. The minutes misstated his suggestions and implied that he was “arguing” with the city attorney.
He included a summary of a series of emails dated January 6, 2020 to January 20, 2020, to explain the history of his communications and issues with the City of Zearing and his city water accounts.
Mr. Peck asked that the IPIB order the Council to publicly retract the “incorrect and derogatory” statements in the minutes in the city newspaper and in any newspapers where the minutes are published.
Iowa Code section 21.3 states:
Each governmental body shall keep minutes of all its meetings showing the date, time and place, the members present, and the action taken at each meeting. The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session. The minutes shall be public records open to public inspection.
Iowa law requires that the minutes indicate the action taken and the votes of each member present and does not require documentation of the comments made by council members or others. The allegations as stated by Mr. Peck do not constitute a violation of Iowa Code section 21.3.
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 these requirements.
IT IS SO ORDERED: Formal complaint 20FC:0030 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. Peck files this as a violation of public records law (Chapter 22). The laws concerning minutes are contained in Chapter 21, open meetings law. This complaint was reviewed as alleging a violation of open meetings law.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of April, 2020, to:
Jerry Peck
Sarah Franklin, DavisBrown, legal counsel for the City of Zearing