Date:
11/18/2021
Subject:
Todd Williams/City of Silver City - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Todd Williams, Complainant And Concerning: City of Silver City, Respondent |
Case Number: 21FC:0099 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 October 15, 2021, Todd Williams filed formal complaint 21FC:0099, alleging that the City of Silver City (City) violated Iowa Code chapter 21 at an unknown date and time.
Mr. Williams alleged that the city council discussed proposals for the purchase of the community center at a September 2, 2021, meeting. He alleged that no decisions were made at that meeting, but since then “For Sale” signs have been posted at the community center. The minutes for the meeting indicate that “Proposals for the purchase of this property are being taken.”
Copies of the agenda and minutes, photos of the signage, and a definition of the word “propose” were included with the complaint.
The Mayor responded to the complaint on October 26, 2021. She indicated that she had met with an ICAP Loss Control specialist in mid-July concerning insurance costs and the viability of maintaining the building as a community center. She added that she also discussed the matter with one council member. On October 1, 2021, she shared her information with the council during her report at an open meeting.
Since that date, a portion of the building has collapsed, and the insurance claim was denied. The agenda for the November 8, 2021, meeting included an update on the status of the building, but no action was planned for furthering a sale. The information provided by the complainant does not indicate that any closed session of the City council occurred within the 60 days prior to the filing of this complaint on October 15, 2021, as required by Iowa Code section 23.7(1).
Whether the Mayor has the authority to request proposals for the sale of the community center is not an issue governed by Iowa Code chapters 21 and 22.
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 meet those requirements.
IT IS SO ORDERED: Formal complaint 21FC:0099 is dismissed as legally insufficient and 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 November 18, 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, J.D.
CERTIFICATE OF MAILING
This document was sent on the ___ day of November, 2021, to:
Todd Williams
City of Silver City