21FC:0069 Amanda Krogmann/Lamont City Council - Dismissal Order

Date:
09/16/2021

Subject:
Amanda Krogmann/Lamont City Council - Dismissal Order

Opinion:

The Iowa Public Information Board

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

On August 3, 2021, Amanda Krogmann filed formal complaint 21FC:0069, alleging that the Lamont City Council (Council) violated Iowa Code chapters 21 and 22.

Ms. Krogmann alleged that the Council discussed her dog at a Council meeting following a biting incident without notifying her.  She alleged that the city clerk told her it was on the meeting agenda.  A council member then told her to put up warning signs and keep her dog on a leash.

On June 16, 2021, she said she received a letter from the City of Lamont (City) telling her the dog must be removed from the City by June 30, 2021.  She then delivered a notice of appeal to the City on June 26, 2021, and put up a fence on July 3, 2021.

On July 14, 2021, she appeared at a Council meeting to appeal the decision.  The Council voted to uphold the removal.

Ms. Krogmann alleged that a former mayor told her to appeal the decision again and to request copies of the complaint form, the picture of the dog bite, any emails from the city personnel regarding the incident, the recording of the meeting, and a copy of the June agenda.

She alleged that she called the sheriff’s office on July 23, 2021, requesting a copy of the incident report.  On July 24, 2021, she was informed that no report had been completed.

On July 28, 2021, Ms. Krogmann alleged that she delivered notice of a second appeal to the City.  She also requested a copy of the written complaint and the June agenda.  The City clerk told her that there was no complaint form completed and provided a copy of the June agenda.

On August 3, 2021, Ms. Krogmann alleged that the mayor contacted her and said there were no further appeals to the Council and to remove the dog by the end of the day.  She added that the dog is currently at a friend’s home “until we go to court.”

On August 19, 2021, legal counsel for the Council responded to the complaint, stating that the complaint does not allege any violations of Iowa Code chapters 21 or 22.1  She also provided a copy of the June 9, 2021, agenda that indicates the discussion was properly noticed.  

There is no violation of either Iowa Code chapter 21 or 22.  Iowa Code chapter 21 does not require separate notice be provided to a citizen if a governmental body intends to include an issue affecting that citizen on an agenda.  The IPIB does not have the authority to determine if the City could vote to order the removal of a vicious or dangerous animal or if the proper procedures were followed.

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:0069 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 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. Counsel provided a copy of the Lamont City Ordinances pertaining to “dangerous and vicious” animals and described the steps the City took to properly address the biting incident.  She added that access to the photo of the bite was provided to Ms. Krogmann on July 14, 2021, on the victim’s phone. 

CERTIFICATE OF MAILING

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

Amanda Krogmann
Heather Prendergast, attorney for the Lamont City Council