Date:
04/17/2021
Subject:
Anonymous/Moulton City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Anonymous, Complainant And Concerning: Moulton City Council, Respondent |
Case Number: 21FC:0019
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:
An anonymous complaint was filed on March 5, 2021, alleging that the Moulton City Council (Council) violated Iowa Code chapters 21 and 22. No contact information for the complainant was provided. The complaint alleged the following violations:
On March 1, 2021, at 6 p.m., the Council “denied access to record a public city council meeting. Reason given was the city did not have a procedure to allow access.”
The Council was provided a copy of the complaint and responded through legal counsel on March 19, 2021. The Council also provided a copy of the meeting agenda and access to a recording of the meeting.
The agenda clearly indicated that the meeting was accessible through the Zoom electronic application and provided the link and contact information. Dial-in telephone access was also available. The meeting was held electronically as allowed by a proclamation by the Governor.
There is insufficient information to support an allegation of Iowa Code chapters 21 and 22. Because the complaint was filed anonymously, there is no ability to request additional information.
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 meet those requirements.
IT IS SO ORDERED: Formal complaint 21FC:00019 is dismissed as legally insufficient and without merit, 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 April 15, 2021. 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
1. See section 108 of the Governor’s Proclamation dated February 5, 2021,that continued to permit governmental bodies to meet electronically if telephone or electronic access was available.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of April, 2021, to:
Jason Ogden, Mayor, City of Moulton
Nicole Cox, legal counsel for the City of Moulton