20FC:0041 James Schnoor/City of Treynor - Dismissal Order

Topics:

Formal Complaints

Date:
05/21/2020

Subject:
James Schnoor/City of Treynor - Dismissal Order

Opinion:

The Iowa Public Information Board

In re the Matter of:

James Schnoor, Complainant

And Concerning:

City of Treynor, Respondent

  

                      Case Number: 20FC:0041

                                  

                              Dismissal Order

              

 

COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:

 

On April 10, 2020, James Schnoor filed formal complaint 20FC:0041, alleging that the City of Treynor (City) violated Iowa Code chapter 21 at a city council meeting on April 6, 2020.

 

Mr. Schnoor alleged that the city council had an action item on its agenda concerning a building permit.  Mr. Schnoor called in and listened to the meeting for this agenda item.  A motion was made to approve the building permit.  He stated there was a tie vote, and the motion did not pass.

 

The minutes, however, stated that the motion did pass and the permit was approved.

 

The City responded to the complaint on April 13, 2020.  In its response, the city manager noted that there was some discussion, but the agenda item was deferred when a council member left to handle a telephone call.  During this time, another council member joined the meeting by telephone.  When the council member returned from his call, additional discussion occurred and a new motion to approve the permit was made.  This time the motion was successfully passed.

 

Mr. Schnoor did not stay on the line for the entire discussion and therefore missed the revote.  

 

There do not appear to be any irregularities with the discussion and votes concerning the properly noticed agenda item.

 

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:0041 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 β€œdelegate 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

 

________________________________

Margaret E. Johnson

CERTIFICATE OF MAILING

    

This document was sent by electronic mail on the ___ day of May, 2020, to:

 

James Schnoor

City of Treynor