Date:
07/15/2021
Subject:
Kay Bergren/Otho City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Kay Bergren, Complainant And Concerning: City of Otho, Respondent |
Case Number: 21FC:0046
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 June 10, 2021, Kay Bergren filed formal complaint 21FC:0046, alleging that the City of Otho (City) violated Iowa Code chapters 21 and 22.
Ms. Bergren alleged that on June 8, 2021, the City conducted a city council meeting in a room with a notice reading “MAXIMUM OCCUPANCY 14”. She requested that the IPIB assist her in requiring more governmental transparency in the City of Otho:
“Since the Mayor and Council have totally eliminated all transparency of all City business, and only if you have excessive funds available can you even look at any public records, and now they have limited the number of people who can even attend a meeting I really don’t know what can be done. In addition, since the Mayor and Council have eliminated the ‘public forum’ and no one can speak at Council meetings, the Clerk will not answer the phone, the Council won’t answer their phones, by what means should a citizen express an opinion or ask a question of the elected officials?”
In response to the complaint, legal counsel for the City stated that Ms. Bergren was present at the June 8, 2021, meeting. No one was denied access to the meeting, and there were empty seats available for the public during the meeting. In addition, the City continues to have a larger space available for use if needed for a city council meeting.
There is no evidence that anyone was denied access to the June 8, 2021, meeting. Therefore, there is no evidence of a violation of Iowa Code chapter 21. Ms. Bergren did not provide any information in support of her allegation that Iowa Code chapter 22 was violated.
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 21FC:0046 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 July 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. No documentation was provided for these allegations. Therefore, these allegations are unfounded
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of July, 2021, to:
Kay Bergren
Brian Yung, legal counsel for the Otho City Council