Date:
11/17/2022
Subject:
Amber Richardson & Mandy Olson/City of Riceville - Order to Consolidate & Dismiss
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Amber Richardson and Mandy Olson, Complainants And Concerning: City of Riceville, Respondent |
Case Numbers: 22FC:0103 (Richardson) and 22FC:0104 (Olson) Order to Consolidate and Dismiss |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Order to Consolidate and Dismiss.
Amber Richardson filed formal complaint 22FC:0103 on September 26, 2022. Mandy Olson filed formal complaint 22FC:0104 on September 26, 2022. Both complaints allege that the City of Riceville (City) violated Iowa Code chapters 21 and 22.
Amber Richardson alleged that on September 2, 2022, the City mayor improperly modified city minutes. She alleged that the audio of the meeting held on September 2, 2022, indicates that the Mayor “used inappropriate comments that are not available for the public to know about.” She also alleged that the Mayor was improperly withholding meeting minutes
In support of her allegation, on October 4, 2022, Ms. Richardson provided copies of notes that she stated were notes from the Mayor. The last page of her screenshots appeared to be the actual meeting minutes, which did not appear to violate Iowa Code section 21.3.
No allegations of any Iowa Code chapter 22 violations were included in Ms. Richardson’s complaint.1
Mandy Olson alleged that on September 12, 2022, the City mayor violated Iowa Code chapter 21 by failing to approve, post, and publish minutes. On October 11, 2022, she alleged that a council member was rude to a citizen at the October 10, 2022, council meeting.
Ms. Olson also did not allege any violation of public records laws in her complaint.
On October 17, 2022, the City mayor sent an affidavit to the IPIB referencing both complaints (See Exhibit 1).
Iowa Code section 21.3 states:
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
When minutes are approved, if and where they are posted, and when they are published are issues not addressed by Iowa Code chapter 21. The minutes provided for review are sufficient under Iowa law.
Whether City officials and staff are rude to citizens is also not addressed in Iowa Code chapter 21. Neither complainant provided any information to support an allegation of a violation of Iowa Code chapter 22.
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. These complaints do not meet those requirements.
IT IS SO ORDERED: Formal complaints 22FC:0103 and 22FC:0104 are consolidated and dismissed as legally insufficient 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 November 17, 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.On October 18, 2022, Ms. Richardson requested records from legal counsel for the City. This issue will not be addressed in this Order as the record request was made three weeks after the filing of her complaint.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of November, 2022, to:
Amber Richardson
Mandy Olson
William Baresel and Todd Prichard, legal counsel for the City of Riceville