22FC:0053 Diana Sly/Lorimor City Council - Acceptance Order

Topics:

Formal Complaints

Date:
07/21/2022

Subject:
Diana Sly/Lorimor City Council - Acceptance Order

Opinion:

 

The Iowa Public Information Board

In re the Matter of:

Diana Sly, Complainant

And Concerning:

Lorimor City Council,  Respondent

  

                      Case Number: 22FC:0053

                                  

                              Acceptance Order

              

 

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

Diana Sly filed formal complaint 22FC:0053 on June 1, 2022, alleging that the Lorimor City Council (Council) violated Iowa Code chapter 21 on May 31, 2022.

Ms. Sly alleged that the Council took action and voted on a matter not listed on the agenda.  Copies of the agenda and the minutes of the meeting confirmed her allegations.

The city clerk for the City of Lorimor confirmed that the action taken by the Council was not on the agenda.1QQQAQ

On July 5, 2022, a member of the Council provided copies of various notices, agendas, and minutes of meetings of the Council.  She stated that the city clerk had been instructed on how to do the agendas, but had failed to do so.  However, the city clerk is not a governmental body as defined by Iowa Code section 21.2(1).  The Council is ultimately responsible to follow the open meetings laws.

It is apparent that the Council and the city clerk would benefit from receiving training on Iowa Code chapters 21 and 22.  The League of Cities has offered to assist the Council with training.

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 meet those requirements

IT IS SO ORDERED:  Formal complaint 22FC:0053 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a).  Parties shall cooperate with IPIB staff to reach an appropriate informal resolution to resolve the complaint pursuant to Iowa Code section 23.9.

Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may β€œdelegate 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


1. The Council voted to select a person to fill a vacancy on the Council.  The agenda listed setting an election to fill the position, and the Council also set a date to fill the vacancy.  It appears this action occurred at more than one meeting. 

CERTIFICATE OF MAILING

 

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

Diana Sly

Doris Ley, clerk for the City of Lorimor