Date:
02/17/2022
Subject:
Robert Zagozda/City of Carter Lake - Final Report & Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Robert Zagozda, Complainant And Concerning: City of Carter Lake, Respondent |
Case Number: 21FC:0090 Final Order |
This matter comes before the Iowa Public Information Board (IPIB) this 17th day of February, 2022, to review compliance with the terms of an Informal Resolution.
The IPIB accepted the complaint against the City of Carter Lake on November 18, 2021. Pursuant to Iowa Code section 23.9, the parties negotiated and reached a proposed Informal Resolution. The Informal Resolution was approved by the IPIB on December 16, 2021.
The terms of the Informal Resolution have been successfully completed. The IPIB agreed to dismiss this complaint upon successful completion of the terms.
Pursuant to the terms of the Informal Resolution, this complaint is dismissed as successfully resolved.
_______________________________
IPIB Chair
CERTIFICATE OF MAILING
A copy of this document was sent via email on the ________ day of February, 2022, to:
Robert Zagozda
Michael O’Bradovich, Carter Lake City Attorney
Before the Iowa Public Information Board
|
In re the Matter of: Robert Zagozda, Complainant And Concerning: City of Carter Lake, Respondent |
Case Number: 21FC:0090 Final Report |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits the following Final Report:
On September 16, 2021, Robert Zagozda filed formal complaint 21FC:0090 alleging that the City of Carter Lake (City) violated Iowa Code chapters 21 and 22.
Mr. Zagozda alleged that he hand-delivered a public records request to the City Clerk on August 17, 2021, requesting copies of all the minutes from all City Council workshops from January 1, 2021, through August 16, 2021, as well as a copy of the minutes of the meeting or workshop when the Mayor presented or discussed a request made by Landscapes, Inc. for a lease extension.
As of the date of the filing of the complaint, no records had been provided, and Mr. Zagozda had not received a response from the City.
On October 19, 2021, counsel for the City responded to the complaint stating that the City did not take minutes at meetings that are labeled ‘workshops’ until August 2021. He added that no formal action is taken at workshops.
On November 18, 2021, the IPIB accepted the complaint pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a).
Pursuant to Iowa Code section 23.9, the parties negotiated and reached an informal resolution.
The parties agreed to the following terms:
1) The City acknowledges the facts of the complaint are accurate.
2) The City will approve the informal resolution during an open meeting and include the full text of the resolution in the minutes of said meeting.
3) The City shall conduct training during an open meeting for all council members and city officials on Iowa Code chapters 21 and 22. The City shall coordinate with the Iowa League of Cities to provide the training. The City shall provide proof of attendance to the IPIB.
4) The terms of this informal resolution shall be completed within 60 days. Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved. Proof of compliance shall be provided in the form of meeting minutes which reflect that each of the above terms has been fulfilled.
Mr. Zagodza and the City signed the informal resolution. The IPIB approved the informal resolution on December 16, 2021.
The City completed the terms of the informal resolution. Training was conducted by the League of Cities during a special, open meeting on February 11, 2022.
Pursuant to the terms of the informal resolution, the IPIB agreed to dismiss the complaint upon completion of the terms.
It is recommended that the IPIB dismiss this complaint pursuant to the terms of the informal resolution.
Respectfully submitted this 17th day of February, 2022.
________________________________
Margaret E. Johnson, Executive Director
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of February, 2022, to:
Robert Zagozda, Complainant
Michael O’Bradovich, Carter Lake City Attorney