21FC:0005 Clint Fichter/City of Avoca - Final Report & Dismissal Order

Topics:

Formal Complaints

Date:
05/20/2021

Subject:
Clint Fichter/City of Avoca - Final Report & Dismissal Order

Opinion:

Before the Iowa Public Information Board

In re the Matter of:

Clint Fichter, Petitioner

And Concerning:

City of Avoca, Respondent

 

Case Number: 21FC:0005

 

Final Report

COMES NOW Zachary S. Goodrich, Legal Counsel for the Iowa Public Information Board (IPIB) and submits this Final Report recommending dismissal of the complaint as successfully resolved through an informal resolution.

On January 20, 2021, Clint Fichter filed formal complaint 21FC:0005 alleging that the City of Avoca (City) violated Iowa Code chapter 21.

Mr. Fichter alleged that an agenda item for the January 19, 2021, city council meeting did not comply with Iowa Code chapter 21 as it was not described “in a manner reasonably calculated to apprise the public of that information.” The agenda item at issue was “Discussion and Possible action on RESOLUTION 21-0119-02: POLICIES AND PROCEDURES AS SET BY THE AVOCA CITY COUNCIL.” As part of this agenda item, the City voted to designate the official newspapers, select the city attorney, set the dates and locations for council meetings, select the Mayor Pro-Tem, and “retain all present city employees.” 

The IPIB accepted the complaint on February 18, 2021. Pursuant to Iowa Code section 23.9, the parties negotiated and reached an informal resolution.

Mr. Fichter approved the Informal Resolution on March 19, 2021. The City approved the Informal Resolution on March 29, 2021. The IPIB approved the Informal Resolution on April 15, 2021.  

The terms of the Informal Resolution are:

  1. The City acknowledges that the complaint is valid. 
  2. The City acknowledges that tentative agenda items must be comprised in a manner reasonably calculated to apprise the public.
  3. The City agrees to repeal the portion of Resolution 21-0119-02 designating official newspapers.
  4. The City agrees to include more detail in future agendas, including a brief description of each resolution.
  5. The City agrees to post the agenda and Council packet containing all resolutions and documentation on items to be discussed on the City’s website no less than 24 hours prior to each Council meeting.
  6. The City agrees to waive future fees for information requests from the Petitioner when the requests are submitted and delivered electronically. 
  7. The City shall approve this resolution during an open meeting and include the full text in the minutes of said meeting. Said minutes shall then be provided to the IPIB.

The terms of the Informal Resolution have been successfully completed. The City provided proof of compliance on May 4, 2021. According to the terms of the Informal Resolution, the complaint may now be dismissed.

Therefore, it is recommended that the IPIB dismiss this complaint as successfully resolved through an informal resolution.  

Respectfully submitted this ____ day of May, 2021.

 

________________________________

Zachary S. Goodrich
Legal Counsel

 

CERTIFICATE OF MAILING

 

This document was sent by electronic mail on this _____ day of May, 2021, to:

Clint Fichter, Petitioner

David Mitchell, City Administrator

David Larson, City Attorney