21FC:0119 Ermie Abell/City of Arispe - Acceptance Order

Date:
02/17/2022

Subject:
Ermie Abell/City of Arispe - Acceptance Order

Opinion:

The Iowa Public Information Board

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

On December 14, 2021, Ernie Abell filed formal complaint 21FC:0119, alleging that the Arispe City Council (Council) violated Iowa Code chapter 21 by failing to provide proper notice of a meeting.

Mr. Abell alleged that a meeting was held on Monday, December 13, 2021.  However, the notice for the meeting indicated that the meeting was to be held on Tuesday, December 13, 2021.  During that meeting, the Council interviewed candidates for the position of clerk during an open session.1

The clerk for the Council responded to the complaint and stated that the November Council meeting was on a Tuesday.  She did not notice that the notice was inaccurate until the meeting had commenced.

Iowa Code section 21.4(2)(a) proper notice must be posted at least 24 hours prior to the commencement of any meeting.  Iowa Code section 21.4(1)(a) states such notice must include the time, date, and place of such meeting.

When the day of the week for a meeting has been recently changed, it is especially important that the day of the week and the date be consistent to avoid confusion.

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 meet those requirements as to the notice issue only.2

IT IS SO ORDERED:  Formal complaint 21FC:0119 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a) as to the notice issue only.  Parties shall cooperate with IPIB staff to reach an appropriate informal resolution to resolve the complaint pursuant to Iowa Code section 23.9.

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 February 17, 2022.  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, J.D.

1. Mr. Abell also alleged that interviewing candidates in an open session was a violation of Iowa Code chapter 21.  This is not a violation of open meetings laws.
2. On January 31, 2022, Mr. Abell filed formal complaint 22FC:0004, alleging a violation of Iowa Code chapter 22.  The informal resolution of this complaint can include training on both chapters 21 and 22.
 

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of February, 2022 to:

Ernie Abell

Arispe City Council