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20FC:0011 & 20FC:0014

Date: 
11/19/2020
Subject: 
Jerry Peck/City of Zearing - Final Report & Order
Opinion: 

The Iowa Public Information Board

In re the Matter of:

Jerry Peck, Petitioner

And Concerning:

City of Zearing, Respondent

 

Case Numbers: 20FC:0011 and 20FC:0014

 

Dismissal Order

THIS MATTER comes before the Iowa Public Information Board (IPIB) for review of compliance with the terms of the Informal Resolution.

The IPIB finds that the terms of the Informal Resolution have been completed.

IT IS THEREFORE ORDERED that pursuant to the terms of the Informal Resolution these complaints are dismissed as successfully resolved.

SO ORDERED this 15th day of October, 2020.

________________________________

IPIB Chair

CERTIFICATE OF MAILING

This document was sent by electronic mail on this _____ day of October, 2020, to:

Jerry Peck, Petitioner
Karen Davis, Clerk for the City of Zearing

 

Before the Iowa Public Information Board

In re the Matter of:

Jerry Peck, Petitioner

And Concerning:

City of Zearing, Respondent

 

Case Numbers: 20FC:0011 and 20FC:0014

 

Final Informal Resolution Report

COMES NOW Zachary S. Goodrich, Legal Counsel for the Iowa Public Information Board (IPIB) and submits this Final Report recommending dismissal of the complaints as successfully resolved through an informal resolution.

On February 9, 2020, Jerry Peck filed formal complaint 20FC:0011 alleging that the City of Zearing (City) violated Iowa Code chapters 21 and 22. The IPIB determined this complaint had merit due to a lack of adequate (24 hour) notice for an agenda item concerning a board vacancy at the City’s January 12, 2020, meeting.

On February 10, 2020, Jerry Peck filed formal complaint 20FC:0014 alleging that the City violated Iowa Code chapters 21 and 22. The IPIB determined this complaint had merit due to the untimely release of a public record. Mr. Peck requested an audio recording from the City on December 12, 2019, and did not receive it until March 5, 2020.

The IPIB accepted these formal complaints in part at its March 19, 2020, meeting.  Pursuant to Iowa Code section 23.9, the parties negotiated and reached an informal resolution.

Mr. Peck approved the informal resolution on April 18, 2020. The City approved the informal resolution at its April 13, 2020, meeting. The IPIB approved the informal resolution at its May 21, 2020, meeting.

The terms of the informal resolution are:

  1. The City acknowledges that the described actions occurred.
  2. The City acknowledges that an agenda and notice must include all items for deliberation and action in a manner reasonably calculated to apprise the public of that information.  Such notice must be given at least twenty-four (24) hours in advance.
  3. The City agrees that requests for public records should be reviewed and released in a timely manner.  If there will be a delay, the record requestor should be contacted to explain the reason for the delay.
  4. The City agrees to conduct training for all council members and other city officials on Iowa Code chapters 21 and 22.  The City may utilize the PowerPoint training available on the IPIB website or schedule training with the city attorney or through the League of Cities.  
  5. The City agrees to adopt a policy concerning public record requests and the releasing of public records.
  6. The City shall approve this resolution during an open meeting and include the full text in the minutes of said meeting.  Said minutes shall be provided to the IPIB.

The terms of the informal resolution have been successfully completed. The City provided proof of compliance on September 30, 2020. According to the terms of the informal resolution, these complaints may now be dismissed.

Therefore, it is recommended that the IPIB dismiss these complaints as successfully resolved through an informal resolution.  

 

Respectfully submitted this ____ day of October, 2020.

________________________________

Zachary S. Goodrich

Legal Counsel

Iowa Public Information Board

Wallace Building, Third Floor

502 East 9th Street

Des Moines, Iowa 50319

(515) 725-1782

zach.goodrich@iowa.gov

 

CERTIFICATE OF MAILING

This document was sent by electronic mail on this _____ day of October, 2020, to:

Jerry Peck, Petitioner
Karen Davis, Clerk for the City of Zearing

 

 

 

Printed from the website on May 18, 2021 at 1:13pm.