22FC:0037 Stacy Rockdaschel/Danbury City Council - Dismissal Order

Topics:

Formal Complaints

Date:
07/21/2022

Subject:
Stacy Rockdaschel/Danbury City Council - Dismissal Order

Opinion:

 

The Iowa Public Information Board

In re the Matter of:

Stacy Rockdaschel, Complainant

And Concerning:

Danbury City Council,  Respondent

  

                      Case Number: 22FC:0037

                                  

                              Dismissal Order

              

 

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

Stacy Rockdaschel, the Danbury city clerk, filed formal complaint 22FC:0037 on May 9, 2022, alleging that the Danbury City Council (Council) committed various violations of Iowa Code chapter 21 from January 11, 2022, to April 29, 2022.1

The allegations that are timely filed are:

  1. Ms. Rockdaschel alleged that on March 14, 2022, and again on April 27, 2022, the Mayor of Danbury changed city council minutes.  Chapter 21 does not prohibit a Mayor from changing minutes.
  2. Ms. Rockdaschel alleged that on April 29, 2022, the Mayor improperly solicited city council volunteers to perform an internal audit.  Again, this is not a violation of Iowa Code chapter 21.

Ms. Rockdaschel did not include any allegations that the Council violated Iowa Code chapter 21.  Chapter 21 applies to governmental bodies, as defined by Iowa Code section 21.2(1).  The Council is considered a governmental body, pursuant to Iowa Code section 21.2(1)(a), but the Mayor, acting on his own, is not a ‘governmental body’ as defined by Iowa Code.

The Council minutes were provided to the IPIB for review.  The minutes, as approved and published, met the requirements as outlined by Iowa Code section 21.3:

Each governmental body shall keep minutes of all its meetings showing the date, time and place, the members present, and the action taken at each meeting. The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session. The minutes shall be public records open to public inspection.

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:0037 is dismissed as legally insufficient and without merit 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

________________________________

Margaret E. Johnson, J.D.

1. Allegations of violations on January 11, 2022, and March 4, 2022, are beyond the 60 days jurisdictional limitation on IPIB authority as established by Iowa Code section 23.7(1) and cannot be considered.

CERTIFICATE OF MAILING

 

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

Stacy Rockdaschel

Allyson Dirksen, legal counsel for the Danbury City Council