Date:
01/20/2022
Subject:
Cody Kite-Warth/Bonaparte City Council - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Cody Kite-Warth, Complainant And Concerning: Bonaparte City Council, Respondent |
Case Number: 21FC:0116
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 December 8, 2021, Cody Kite-Warth filed formal complaint 21FC:0116, alleging that the Bonaparte City Council (Council) violated Iowa Code chapter 21.
Ms. Kite-Warth alleged that on November 11, 2021, the Council held an electronic “Zoom” meeting without proper notice. She also alleged that during the meeting a council member asked a question about a matter not on the agenda.
The Bonaparte city clerk responded to the complaint on December 29, 2021. The city clerk stated that the meeting was changed to an electronic meeting because a Veteran’s Day supper was scheduled for the council meeting room. She stated that proper notice for an electronic meeting was posted on the city website and social media page on November 8, 2021, and at the post office, the opera house, and the bank on November 9, 2021.
A copy of the posted meeting notice was provided. This notice included all the information necessary to attend the electronic meeting. The notice included the information required by Iowa Code section 21.8. The minutes included a statement “explaining why a meeting in person was impossible or impractical” as required by Iowa Code section 21.8(1)(c).
Council members can ask questions and make statements during an open meeting as long as no deliberation or action is taken on matters not listed on the agenda.
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:0116 is dismissed as legally insufficient 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 January 20, 2022. 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
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of January, 2022, to:
Cody Kite-Warth
Holly Richardson, city clerk