Date:
05/21/2020
Subject:
David Furry/Mechanicsville City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: David Furry, Complainant And Concerning: Mechanicsville City Council, Respondent |
Case Number: 20FC:0043
Dismissal Order
|
The Iowa Public Information Board
|
In re the Matter of: David Furry, Complainant And Concerning: Mechanicsville City Council, Respondent |
Case Number: 20FC:0043
Dismissal Order
|
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On April 15, 2020, David Furry filed formal complaint 20FC:0043, alleging that the Mechanicsville City Council (Council) violated Iowa Code chapter 21.
Mr. Furry alleged that on April 10, 2020, he heard that the city had taken delivery on a new skid-steer loader. He alleged that when he called the director of public works he was told that three council members had approved the purchase. He stated that there was no public meeting authorizing this purchase.
On April 22, 2020, the city attorney responded to the complaint. The director stated that there was discussion on a purchase of this equipment at the March 9, 2020, meeting. The director of public works was tasked with finding the equipment and securing proposals for the April 13, 2020, Council meeting.
In his report for the April 13, 2020, meeting, the director of public works stated that the equipment had been purchased with the “approval of council.” The Council approved the purchase at the April 13, 2020, meeting.
With the approval of the city attorney, IPIB staff contacted the director of public works. The director stated that he was charged with finding the equipment after funding was approved in the FY21 budget. He contacted one council member to confirm that the budget for FY21 did have adequate funding to purchase the equipment. He said he took delivery of the equipment prior to the April 13, 2020, meeting, so the Council was aware that the equipment had arrived.
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.
There is insufficient evidence to find that a gathering of a majority of the Council occurred.
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:0043 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
________________________________
Margaret E. Johnson
1. Mr. Furry was the mayor of Mechanicsville. He resigned on April 13, 2020.
2. Following the April 13, 2020, meeting, Mr. Furry contacted the IPIB to complain that the Council approved an improperly worded motion to table. This allegation is not a violation of Iowa Code chapter 21.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of May, 2020, to:
David Furry
City of Mechanicsville