Date:
04/21/2022
Subject:
Arthur John Gries, Jr/City of Hawarden - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Arthur John Gries, Jr., Complainant And Concerning: City of Hawarden, Respondent |
Case Number: 22FC:0022
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 March 18, 2022, Arthur John Gries, Jr. filed formal complaint 22FC:0022, alleging that the City of Hawarden (City) violated Iowa Code chapter 21 on January 18, 2022. Mr. Gries alleged that the zoning board of adjustment failed to post notice of a meeting at city hall 24 hours in advance of the meeting.
Mr. Gries alleged that the City did not post notice for the 4:00 p.m. meeting until 11:00 a.m. on the same day of the meeting. He stated that he was at city hall on January 17, 2022, until city hall closed and returned to city hall when it opened on January 18, 2022. Both times there was no notice of the meeting posted. When he notified the city administrator of the lack of notice, the city administrator printed and posted the notice.
The city administrator responded to the complaint on March 22, 2022. Included in the response were copies of the notice, agenda, and minutes for the public meeting, as well as a copy of the published notice in the Hawarden Independent. The notice was published on January 13, 2022.
In addition, the city administrator noted that proper notice was sent to the individuals required to receive notice of the public hearing on January 4, 2022. She stated that the hearing notice would have been posted that same day, and it could have been removed from the bulletin board by someone visiting city hall during those two weeks.
Iowa Code section 21.4(2)(a) states that notice shall be given “at least twenty-four hours prior to the commencement of any meeting of a governmental body….” Section 21.4(4) states:
4. If another section of the Code requires a manner of giving specific notice of a meeting, hearing, or an intent to take action by a governmental body, compliance with that section. shall constitute compliance with the notice requirements of this section.
Iowa Code section 362.3(1)(a) requires that notice of a hearing must be published “at least once, not less than four nor more than twenty days before the date of the… hearing….”
Publication of the hearing notice occurred on January 13, 2022, within the requirements of the Iowa Code (five days). The city administrator noted that notice was properly sent to the property owners on January 4, 2022. Her recollection is that the notice was also posted at city hall on that date. Once she was advised that the notice was not on the notice board, she promptly printed and posted a copy of the notice.
Pursuant to Iowa Code section 21.4(4), proper notice required by another section of Iowa law constitutes proper notice under Iowa Code chapter 21.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint does not meet the necessary requirements for acceptance.
IT IS SO ORDERED: Formal complaint 22FC:0022 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 April 21, 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, J.D.
CERTIFICATE OF MAILING
This document was sent via. U.S. Mail or by electronic mail on the ___ day of April, 2022, to:
Arthur John Gries, Jr.
City of Hawarden