Date:
08/20/2020
Subject:
Angela McConville/Oxford City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Angela McConville, Complainant And Concerning: Oxford City Council, Respondent |
Case Number: 20FC:0071
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 July 14, 2020, Angela McConville filed formal complaint 20FC:0071, alleging that the Oxford City Council (Council) violated Iowa Code chapter 21 at a meeting on May 15, 2020.
Ms. McConville alleged that the Council held a meeting on May 15, 2020. During the meeting, the Council voted to go into a closed session. The draft minutes stated that following the closed session, the Council voted to “execute what we talked about in closed session.” She alleged that this violated Iowa Code section 21.5(3)
She asked that the IPIB require that the minutes be amended to accurately reflect the action taken.
On July 16, 2020, the IPIB accepted formal complaint 20FC:0058, filed by Toni Cooling and concerning the Oxford City Council. This complaint concerned the same closed session at the same meeting. IPIB staff is currently working with those parties to reach an informal resolution which will address the concerns raised by Ms. McConville.
There is no need to accept this complaint since the Council is currently negotiating an informal resolution for the same alleged violation.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. Section 23.8(b) also requires dismissal if it “relates to a specific incident that has previously been finally disposed of on its merits by the board.”
IT IS SO ORDERED: Formal complaint 20FC:071 is dismissed because of the acceptance of another complaint involving the same violation 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 August 20, 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, J.D.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of August, 2020, to:
Angela McConville
Crystal Raiber, legal counsel for the Oxford City Council