Topics:

Formal Complaints

Date:
01/19/2023

Subject:
Diana Sly/Lorimor City Council - Final Report & 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       

                     Final Order

 

This matter comes before the Iowa Public Information Board (IPIB) this 19th day of January, 2023, to consider the Final Report concerning completion of the Informal Resolution.

The IPIB accepted the complaint on July 21, 2022, and directed IPIB staff to assist the parties in adopting an Informal Resolution.  The parties approved an Informal Resolution, and the IPIB approved it on August 18, 2022.

The parties have successfully completed the terms of the Informal Resolution.

Upon providing proof of compliance, the IPIB agreed to dismiss this complaint.

Therefore, pursuant to the terms of the Informal Resolution, this complaint is dismissed as successfully resolved.

______________________________

IPIB Chair

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of January, 2023, to:

Diana Sly

City of Lorimor

 

 

 

Before The Iowa Public Information Board

In re the Matter of:

Diana Sly, Complainant

And Concerning:

Lorimor City Council,  Respondent

 

                      Case Number: 22FC:0053

                                  

                   Informal Resolution Final Report

              

 

COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits this Informal Resolution Report:

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 Iowa Public Information Board (IPIB) accepted the complaint on July 21, 2022.  Pursuant to Iowa Code section 23.9, the parties agreed upon the following terms for an informal resolution of this matter:

  1. The Lorimor City Council shall acknowledge that the May 31, 2022, Council meeting included action upon a matter not on the agenda.
  2. The Lorimor City Council shall acknowledge that Iowa Code chapter 21 requires that the agenda for a meeting include all matters to be voted upon at the meeting.
  3. All members of the Lorimor City Council and the Mayor and City Clerk shall attend training on Iowa Code chapters 21 and 22 during an open and public meeting, to be scheduled and presented by the Iowa League of Cities.
  4. The action voted upon at the May 31, 2022, Council meeting will be properly noticed on a future agenda and a new vote conducted in an open and public meeting.
  5. The Lorimor City Council shall approve this Informal Resolution at an open and public meeting and shall include this Informal Resolution in the official minutes of said meeting.

 

All terms of this Informal Resolution were to be completed within 90 days of the date of approval of this Informal Resolution by all parties. Upon showing proof of compliance, the IPIB would dismiss the complaint as successfully resolved.

Ms. Sly signed the Informal Resolution on August 9, 2022.  The Lorimor City Council approved and signed the Informal Resolution at a meeting on August 1, 2022.  The IPIB approved the Informal Resolution on August 18, 2022.

The terms were to be completed no later than November 16, 2022.  However, the IPIB granted a 30 day continuation on November 17, 2022, because one council member had been hospitalized and unable to complete training.  The new completion date was set for December 16, 2022.

Legal counsel for the Council filed a report on December 15, 2022.  He indicated that he provided training from the League of Cities to the remaining council member personally on December 14, 2022.

The terms of the Informal Resolution have been completed.

Upon providing proof of full compliance, the IPIB agreed to dismiss this complaint as successfully resolved.

It is recommended that the IPIB dismiss this complaint as successfully resolved through Informal Resolution.

By the IPIB Executive Director:

 

___________________________

Margaret E. Johnson

 

CERTIFICATE OF SERVICE

 

This document was sent by electronic mail on the _______ day of January, 2023, to:

Diana Sly

City of Lorimor