18FC:0069 Kurt Karr/Vinton Municiple Electric Utility Board - Acceptance Order

Date:
10/18/2018

Subject:
Kurt Karr/Vinton Municiple Electric Utility Board - Acceptance Order

Opinion:

The Iowa Public Information Board

COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.

Kurt Karr filed formal complaint 18FC:0069 on August 17, 2018.  He alleged that the Vinton Municipal Electric Board (Board) violated Iowa Code chapter 21 when a quorum of the Board members gathered at another location following the Board meeting on August 14, 2018, without proper notice and agenda.

Mr. Karr alleged that he observed the Board members meeting at the Ron Da Voo Tavern following the August 14, 2018, meeting and spoke to them about their improper meeting.  He further alleged that the Board met in July 2018 at a location that was not compliant with the requirements of the Americans with Disabilities Act (ADA), which is a violation of Iowa Code section 21.4(1)(b).

The chair of the Board confirmed that a majority of the Board members met after the August meeting and that the location of future Board meetings was moved to be in compliance with the ADA.

The city attorney, in his response, indicated that corrections have been implemented to avoid future violations of Chapter 21 and further stated that the Board members were receptive to receiving training about Iowa Code chapters 21 and 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.  This complaint meets those requirements.

IT IS SO ORDERED:  Formal complaint 18FC:0069 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a).  Parties are directed to engage in reaching an informal resolution, with the assistance of IPIB staff, 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 October 18, 2018. 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.

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of October, 2018, to:

Kurt Karr

Vinton Municipal Electric Board