21FC:0067 Patty Anderson/City of Hawarden - Dismissal Order

Topics:

Formal Complaints

Date:
09/16/2021

Subject:
Patty Anderson/City of Hawarden - Dismissal Order

Opinion:

 

The Iowa Public Information Board

In re the Matter of:

Patty Anderson, Complainant

And Concerning:

City of Hawarden, Respondent

  

                      Case Number: 21FC:0067

                                  

                              Dismissal Order

              

 

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

On August 1, 2021, Patty Anderson filed formal complaint 21FC:0067, alleging that the City of Hawarden (City) violated Iowa Code chapters 21 and 22.

Ms. Anderson alleged that the City violated:

  1. Iowa Code chapter 388.2 by amending the statute to avoid a requirement for two independent appraisals of the City’s utility.  The City then “repealed” the language on July 22, 2021.  
  2. Iowa law by voting on April 28, 2021, to move forward with a sale of a City utility and hold an election.
  3. Iowa Code chapter 21 when the City administrator and a City councilmember met with a potential purchaser of the utility.
  4. Iowa Code chapter 21 in 2019 and 2020 by not informing the public of this potential sale at a public meeting.
  5. Iowa Code chapter 21 by holding closed sessions on July 8, 2020; October 28, 2020; March 10, 2021; and April 14, 2021.
  6. Iowa law by scheduling an election for September 14, 2021, at the July 14, 2021, council meeting.

Ms. Anderson requested that the IPIB request email, cell phone records, and “electronic means of setting up meetings” on her behalf.  She asked the IPIB to stop the election scheduled for September 14, 2021.

IPIB staff asked Ms. Anderson to provide information concerning the dates of the alleged violations, the open meeting violations, and a copy of her public records request(s).  She responded that there are no specific dates of violations.  She alleged violations of other Iowa Code sections/chapters:  section 364.7, section 403.82, chapter 26, and section 388.2a(3).1

She alleged she made an oral request for records on April 29, 2021, and was told that the records she requested (public notice of the proposed sale and the City’s request for proposals) did not exist as such documents had not been created.

Legal counsel for the City responded to the complaint on August 13, 2021.  Counsel noted that any allegations of violations occurring on April 28 and 29, 2021, are beyond the jurisdiction of the IPIB as having occurred more than 60 days prior to the filing of the complaint, as required by Iowa Code section 23.7(1).2  

Iowa Code section 23.1 states the authority of the IPIB:

The purpose of this chapter is to provide an alternative means by which to secure compliance with and enforcement of the requirements of chapters 21 and 22 through the provision by the Iowa public information board to all interested parties of an efficient, informal, and cost-effective process for resolving disputes.

Iowa Code section 23.7 provides the filing deadline for complaints:

The complaint must be filed within sixty days from the time the alleged violation occurred or the complainant could have become aware of the violation with reasonable diligence..

The IPIB does not have jurisdiction to determine whether the proposed utility sale is being properly conducted pursuant to Iowa Code chapter 388.  Although no specific irregularities concerning the April 28, 2021, and the April 29, 2021, response to Ms. Anderson’s record request are alleged, both matters are well beyond the 60 day statutory limitation on IPIB’s jurisdiction.  

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:0067 is dismissed as beyond the jurisdiction of the IPIB 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 September 16, 2021.  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

1. Two other individuals, Karen Longhorn and Jimmie McKee contacted the IPIB on August 12, 2021, concerning the City of Hawarden.  They both objected to the sale of the utility, but did not cite a Chapter 21 or 22 violation.  Another individual, Monte Harvey, also submitted information concerning communications by the City with a potential purchaser and alleged irregularities with the proposed sale.
2.  Counsel included documentation of proper agendas and minutes for the meetings alleged to have been improperly conducted.   Counsel also refuted the alleged irregularities with the utility sale, citing Iowa Code sections 388.2, 388.2A, 388.9, and 364.7.  Issues concerning the sale of the utility are not within the jurisdiction of the IPIB.

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of September, 2021, to:

Patty Anderson
Kristine Stone, legal counsel for the City of Hawarden