22FC:0053 Diana Sly/Lorimor City Council - Informal Resolution Report & Order

Topics:

Formal Complaints

Date:
08/18/2022

Subject:
Diana Sly/Lorimor City Council - Informal Resolution 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

                                  

                     Informal Resolution Order

              

 

This matter comes before the Iowa Public Information Board (IPIB) this 18th day of August, 2022, to consider the Acceptance of an Informal Resolution.

The IPIB accepted the complaint against the Lorimor City Council on July 21, 2022.  Pursuant to Iowa Code section 23.9, the parties negotiated and reached a proposed Informal Resolution.

The Board has reviewed the informal resolution and approves it pursuant to Iowa Administrative Rule 497-2.4(3).  The IPIB chair is directed to sign the Informal Resolution on behalf of the IPIB.

The parties have 90 days to complete the proposed terms from today’s date.  If the terms of the Informal Resolution are completed, the IPIB will dismiss the complaint.

 

_______________________________

IPIB Chair
 

CERTIFICATE OF MAILING

 

This document was sent by electronic mail on the ___ day of August, 2022, 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 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 city clerk for the City of Lorimor confirmed that the action taken by the Council was not on the agenda.  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. 

The Iowa Public Information Board (IPIB) accepted the complaint on July 21, 2022.  Pursuant to Iowa Code section 23.9, the parties have 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 shall be completed within 90 days of the date of approval of this Informal Resolution by all parties. Upon showing proof of compliance, the IPIB will dismiss this 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.

Therefore, it is recommended that the IPIB approve the informal resolution, direct the IPIB Chair to sign the informal resolution on behalf of the IPIB, and set this matter for compliance review by the IPIB in 90 days.

By the IPIB Executive Director:

 

___________________________

Margaret E. Johnson

 

CERTIFICATE OF SERVICE

 

This document was sent by electronic mail on the _______ day of August, 2022, to:

Diana Sly

City of Lorimor

 

 

 

INFORMAL RESOLUTION

22FC:0053

Diana Sly and the Lorimor City Council

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.  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. 

The Iowa Public Information Board (IPIB) accepted the complaint on July 21, 2022.  Pursuant to Iowa Code section 23.9, the parties have 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 shall be completed within 90 days of the date of approval of this Informal Resolution by all parties. Upon showing proof of compliance, the IPIB will dismiss this complaint as successfully resolved.

THIS INFORMAL RESOLUTION HAS BEEN REVIEWED AND APPROVED BY THE FOLLOWING:

__________________________                   _____________

Diana Sly                                            Date

___________________________             _____________

Lorimor City Council                                                 Date 

By: ________________________

      (Print Name)

IPIB:

__________________________            _____________

Chair              Date