Date:
07/17/2025
Subject:
Craig Reiter/City of Remsen - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Craig Reiter, Complainant And Concerning: City of Remsen, Respondent |
Case Numbers: 25FC:0085 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 July 2, 2025, Craig Reiter filed formal complaint 25FC:0085, alleging the City of Remsen violated Iowa Code chapters 21 and 22.
Facts
Reiter alleges there was a conflict of interest, one of the city council members owns a business in the city and blamed Reiter for causing damage to the business because there were power outages, Reiter alleges he was terminated as Electric Superintendent without a vote of 2/3rds of the Council. Reiter alleges he was terminated in a surprise meeting where he was not allowed to explain anything and was escorted out of the building after the termination.
Applicable Law
“Upon receipt of a complaint alleging a violation of chapter 21 or 22, the board shall do either of the following:
Determine that, on its face, the complaint is within the board’s jurisdiction, appears legally sufficient, and could have merit. In such a case the board shall accept the complaint, and shall notify the parties of that fact in writing.
Determine that, on its face, the complaint is outside its jurisdiction, is legally insufficient, is frivolous, is without merit, involves harmless error, or relates to a specific incident that has previously been finally disposed of on its merits by the board or a court. In such a case the board shall decline to accept the complaint. If the board refuses to accept a complaint, the board shall provide the complainant with a written order explaining its reasons for the action.” Iowa Code § 23.8.
Analysis
Reiter alleges he was improperly terminated and a council member may have had a conflict of interest. Neither of these allegations are within the jurisdiction of IPIB to investigate. Therefore, this complaint must be dismissed.
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 facts alleged are outside IPIB’s jurisdiction to review.
IT IS SO ORDERED: Formal complaint 25FC:0085 is dismissed as it is legally insufficient pursuant to Iowa Code § 23.8(2) and Iowa Administrative Rule FC: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 July 17, 2025. 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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Erika Eckley, J.D.