Date:
01/20/2022
Subject:
monroeiowa1867/City of Monroe - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: monroeiowa1867, Complainant And Concerning: City of Monroe, Respondent |
Case Number: 21FC:0120
Dismissal Order
|
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On December 14, 2021, formal complaint 21FC:0120 was filed through the email address “monroeiowa1867@gmail.com”. The complaint alleged a violation of Iowa Code chapter 21 by the City of Monroe (City).
The complaint alleged that the Monday, December 13, 2021, city council meeting was “changed to virtual meeting without public notice.” It further stated that “No information about the change was on the website nor any link provided to allow the public to attend.”
On December 15, 2021, the City responded to the complaint and stated:
On Thursday last week per my Mayors request due to Covid exposure in our city office I was asked to do a virtual meeting for the protection of our citizens on 12/13. I then changed the agenda which was posted in 3 different locations and put on the city Facebook page. I also notified the PCM Explorer/Newton Daily News Editor on Friday by email with the updated agenda and council packet. I contacted people whom were on the agenda to speak and our regular monthly attendees by phone. The agenda had the zoom information on it and was posted on our board outside of city hall all which were in the 24 hour meeting notice guidelines.
A copy of the notice and agenda for the December 13, 2021, meeting was reviewed and received. The notice met the requirements for an electronic meeting pursuant to Iowa Code section 21.8 and included the login information for Zoom attendance.
Iowa Code section 21.4 requires that a notice of a meeting be posted no less than 24 hours prior to a meeting. This section requires posting at the principal office of the body holding the meeting. It is not required that the City post notice on social media or a website.
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:0120 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
________________________________
Margaret E. Johnson
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of January, 2022, to:
City of Monroe