Date:
03/03/2023
Subject:
Richard Schnormeier/City of Zearing - Acceptance Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Richard Schnormeier, Complainant And Concerning: City of Zearing, Respondent |
Case Number: 23FC:0010
Acceptance Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.
Richard Schnormeier filed formal complaint 23FC:0010 on January 27, 2023, alleging that the City of Zearing (City) violated Iowa Code chapter 21 by not including a member’s vote in the minutes from the December 14, 2022, city council meeting.
A review of the minutes from the December 12, 2022, council meeting shows that no individual votes are noted on any matters considered by the city council, except for one vote. A review of the January 9, 2023, council minutes also included votes without proper identification.
Iowa Code section 21.3 provides the requirements for proper minutes:
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.
Mr. Schnormeier also alleged a violation of Iowa Code chapter 22. However, he did not provide any details to determine that this allegation has merit.1 Therefore, this allegation is not considered.
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. This complaint meets the necessary requirements for acceptance as to the matter of the minutes insufficiencies only.
IT IS SO ORDERED: Formal complaint 23FC:0010 is accepted concerning an alleged violation of Iowa Code section 21.3 pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). Parties are directed to work with IPIB staff to negotiate an informal resolution pursuant to Iowa Code section 23.9.
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 March 3, 2023. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson
1. Mr. Schnormeier also alleged a violation of Iowa Code section 372.13(6). The IPIB does not have jurisdiction over this allegation (see Iowa Code section 23.1). He also expressed concerns about removal proceedings and publication requirements. These are also matters not governed by Iowa Code chapters 21 and 22.
CERTIFICATE OF MAILING
This document was sent by electronic or U.S. postal mail on the ___ day of February, 2023, to:
Richard Schnormeier
City of Zearing