Date:
04/20/2023
Subject:
Kay Bax/City of Fontanelle - Motion to Continue
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Kay Bax, Complainant And Concerning: City of Fontanelle, Respondent |
Case Number: 22FC:0100
Motion to Continue |
COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and respectfully submits this Motion to Continue:
Kay Bax filed formal complaint 22FC:0100 on September 14, 2022, alleging the City of Fontanelle (City) violated Iowa Code chapter 21 by going into a closed session without listing such a session on the agenda and without a proper vote on July 25, 2022.
The City provided a copy of the agenda and the minutes for the July 25, 2022, meeting. The agenda did not list the closed session. The minutes did not indicate the votes of the members present to go into closed session.
Iowa Code section 21.5 provides the requirements for conducting a proper closed session. It is apparent that the City did not follow these requirements.
The IPIB accepted the complaint on October 20, 2022, and directed IPIB staff to assist the parties in adopting an Informal Resolution. The parties approved an Informal Resolution, and the IPIB approved the Informal Resolution on January 19, 2023.
The terms of the Informal Resolution were to be completed no later than April 19, 2023. Some terms have been completed, but the City requested an additional 30 days to finish completion. This is due, in part, due to the resignation of the city clerk.
Upon providing proof of full compliance, the IPIB agreed to dismiss this complaint as successfully resolved.
It is recommended that the IPIB grant a 30-day continuation, to May 19, 2023, to allow for completion of the terms of the Informal Resolution.
Respectfully submitted,
_________________________
Erika Eckley, J.D.
CERTIFICATE OF MAILING
This document was sent on April 11, 2023, to:
Kay Bax
Justin Hockenberry, attorney for the City of Fontanelle