Date:
07/21/2022
Subject:
Purebreadgooddog/Linden Public Library Board - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Purebreadgooddog, Complainant And Concerning: Linden Public Library Board, Respondent |
Case Number: 22FC:0028
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.
An anonymous complainant with the email Purebreadgooddog@gmail.com filed formal complaint 22FC:0028 on April 5, 2022, alleging that the Linden Public Library Board (Board) violated Iowa Code chapters 21 and 22 on April 4, 2022.
The complainant alleged that the Board did not post minutes and that agendas are only posted at city hall. The complainant also alleged that the Board conducted a closed session without including the “motion or vote on closed session in minutes.”
IPIB staff requested more information concerning the allegations, but no additional information was provided.1
Legal counsel for the Board responded to the complaint on May 4, 2022, noting that Iowa Code chapter 21 does not require that meeting minutes are posted. He also noted that the meeting notice and agenda for Board meeting meetings are properly posted at the city hall, as that building is shared by the public library.
Counsel stated that the last meeting with a closed session occurred in August 2021. Even if there was a violation at that meeting, the IPIB would not have jurisdiction as the IPIB only has jurisdiction over complaints filed within 60 days of the alleged violation.2
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:0028 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 July 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.
1. No information alleging a violation of Iowa Code chapter 22, public records laws, was provided by the complainant.
2. See Iowa Code section 23.7(1).
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of July, 2022, to:
Adam Doll, legal counsel for the Linden Public Library Board