20FC:0087 Troy Beatty/Evansdale Water Works Board of Trustees - Acceptance Order

Date:
10/15/2020

Subject:
Troy Beatty/Evansdale Water Works Board of Trustees - Acceptance Order

Opinion:

The Iowa Public Information Board

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

On August 27, 2020, Troy Beatty filed formal complaint 20FC:0087, alleging that the Evansdale Water Works Board of Trustees (EWW) violated Iowa Code chapter 22.

Mr. Beatty alleged that he, as Mayor of Evansdale, requested copies of five years of timesheets and the operating handbook from the EWW on August 5, 2020.  He alleged that the record request was denied on August 19, 2020.

A copy of the Evansdale City Council minutes from the August 4, 2020, meeting was provided by Mayor Beatty.  At that meeting, the Council voted to direct the Mayor to acquire copies of the records to review and report back to the City Council.

Legal counsel for the EWW contacted the IPIB on September 4, 2020, and indicated he would file a response.  On September 14, 2020, legal counsel again contacted the IPIB and indicated that he was trying to retrieve the requested records.

On September 30, 2020, Mayor Beatty advised the IPIB that he had received some records, but he was still missing the 2020 documents.  No information was provided by the EWW to explain the delay.

It appears that continued IPIB involvement may be necessary to resolve this complaint and to determine why the records were not released in a timely manner.

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.  This complaint meets those requirements.

IT IS SO ORDERED:  Formal complaint 20FC:0087 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a).  Parties are directed to work with IPIB staff to reach an informal resolution pursuant to Iowa Code section 23.9.

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 October 15, 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, J.D.

CERTIFICATE OF MAILING

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

Troy Beatty

Pat Galles, legal counsel for Evansdale Water Works Board of Trustees