Date:
03/20/2025
Subject:
Donnie Anthony/City of Otho - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Donnie Anthony, Complainant And Concerning: City of Otho, Respondent |
Case Number: 25FC:0016 Dismissal Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On February 5, 2025, Donnie Anthony filed formal complaint 25FC:0016, alleging the City of Otho (City) violated Iowa Code Chapter 21.
Facts
Anthony alleges members of the City Council and Mayor are “operating as a gang and like a gang to control private citizens using their power as a weapon to systematically, openly harass and intimidate residents targeting who they perceive as a threat, using zoning and code enforcement to exert dominance while maintaining a façade of legitimacy in the community.” Anthony also alleges the mayor and three council members were at a mower repair shop and were “having some kind of meeting.” He recognized two of the council members, but did not know their names.
Applicable Law
“Meetings of governmental bodies shall be preceded by public notice as provided in section 21.4 and shall be held in open session unless closed sessions are expressly permitted by law. Except as provided in section 21.5, all actions and discussions at meetings of governmental bodies, whether formal or informal, shall be conducted and executed in open session.” Iowa Code § 21.3(1).
“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.” Iowa Code § 21.3(2).
“Except as provided in subsection 3, a governmental body shall give notice of the time, date, and place of each meeting including a reconvened meeting of the governmental body, and the tentative agenda of the meeting, in a manner reasonably calculated to apprise the public of that information. Reasonable notice shall include advising the news media who have filed a request for notice with the governmental body and posting the notice on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting, or if no such office exists, at the building in which the meeting is to be held.” Iowa Code § 21.4(1).
“Each meeting shall be held at a place reasonably accessible to the public and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impracticable. Special access to the meeting may be granted to persons with disabilities.” Code § 21.4(2).
Analysis
After opening the complaint, Anthony has continued to raise numerous serious allegations against the City. Most of the issues raised are outside the scope of IPIB’s jurisdiction and some of the allegations have been raised to law enforcement. Anthony also states he has been busy with other events and is in the process of gathering additional evidence to support his complaint.
At this time, IPIB finds there is insufficient information to support the finding of a facial violation. Anthony has not provided information regarding which council members were present, whether the content of their discussion constitutes a meeting, or that a meeting was held without notice or agenda. Anthony states he is collecting additional evidence and has been advised to file a complaint with IPIB when his process is complete.
Conclusion
Iowa Code § 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. Following a review of the allegations on their face, it is found that this complaint does not meet those requirements.
The complaint makes several allegations against the City, including an allegation that a meeting took place at a mower repair shop. At this time, the complaint is legally insufficient to demonstrate a facial violation of the law. Anthony has been advised to refile his complaint when sufficient information exists.
IT IS SO ORDERED: Formal complaint 25FC:0019 is dismissed as legally insufficient pursuant to Iowa Code § 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 March 20, 2025. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
Erika Eckley, J.D.