Date:
12/16/2021
Subject:
Robert Zagozda/City of Carter Lake - Informal Resolution Report & 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
Informal Resolution Order
|
THIS MATTER comes before the Iowa Public Information Board (IPIB) this 16th day of December, 2021, to consider the acceptance of an informal resolution.
The IPIB accepted formal complaint 21FC:0090 against the City of Carter Lake on November 18, 2021. Pursuant to Iowa Code section 23.9, the parties negotiated and reached an informal resolution.
The IPIB has reviewed the informal resolution and hereby approves it pursuant to Iowa Administrative Code rule 497-2.4(3). The IPIB Chair is directed to sign the informal resolution on behalf of the IPIB.
The parties have 60 days to complete the terms from today’s date. The deadline for completion is February 14, 2022. Upon showing proof of completion, the IPIB shall dismiss the complaint.
SO ORDERED this 16th day of December, 2021.
________________________________
IPIB Chair
CERTIFICATE OF MAILING
This document was sent by electronic mail on this _____ day of December, 2021, to:
Robert Zagozda, Complainant
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
Informal Resolution Report |
COMES NOW Zachary S. Goodrich, Legal Counsel for the Iowa Public Information Board (IPIB), and submits the following report recommending approval of an informal resolution.
On September 16, 2021, Robert Zagozda (Complainant) filed formal complaint 21FC:0090 alleging that the City of Carter Lake (City) violated Iowa Code chapters 21 and 22.
Complainant 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 Complainant 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.
It is recommended that the IPIB approve the informal resolution, direct the Chair to sign the resolution on behalf of the IPIB, and continue this matter until the terms of the resolution have been completed.
Respectfully submitted this 16th day of December, 2021.
________________________________
Zachary S. Goodrich
Legal Counsel
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of December, 2021, to:
Robert Zagozda, Complainant
Michael O’Bradovich, Carter Lake City Attorney