21FC:0121 Marian Davenport/Lorimor City Council - Dismissal Order

Date:
01/20/2022

Subject:
Marian Davenport/Lorimor City Council - Dismissal Order

Opinion:

The Iowa Public Information Board

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

On December 14, 2021, Marian Davenport filed formal complaint 21FC:0121, alleging that the Lorimor City Council (Council) violated Iowa Code chapter 22.

Ms. Davenport alleged that the Council meets the first Monday of each month and that the official newspaper for the Council is the Afton Star Enterprise.  She alleged that the Council held a regular meeting on November 1, 2021.  As of December 9, 2021, the minutes of the meeting had not been published in the Afton Star Enterprise.

Ms. Davenport also alleged that the city clerk also failed to publish minutes in 2014 and 2015.

The Lorimor city clerk responded on December 30, 2021, stating that the November 1, 2021, meeting minutes were published.

Iowa Code chapters 21 and 22 do not set requirements for the publication of the minutes of governmental bodies.  Iowa Code section 349.18 sets the requirements for publication of minutes.

Pursuant to Iowa Code section 23.1, the IPIB is granted authority to address complaints concerning violations of Iowa Code chapters 21 and 22.  Therefore, the IPIB does not have jurisdiction over allegations concerning the violation of Iowa Code section 372.13.1

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:0121 is dismissed as 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 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

1. Ms. Davenport was advised that the IPIB did not have jurisdiction over her complaint in an email sent to her on December 15, 2021.  She was asked to provide additional information concerning any other violations by the Council.

CERTIFICATE OF MAILING

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

Marian Davenport

City of Lorimor