19FC:0012 Krysty Melton/City of Guthrie Center - Acceptance Order

Related Topics:

Formal Complaints

Date:
02/21/2019

Subject:
Krysty Melton/City of Guthrie Center - Acceptance Order

Opinion:

The Iowa Public Information Board

In re the Matter of:

Krysty Melton, Complainant

And Concerning:

City of Guthrie Center, Respondent

  

                        Case Number: 19FC:0012

 

                               Acceptance Order

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

Krysty Melton filed formal complaint 19FC:0012 on January 29, 2019.  She alleged that the City of Guthrie Center (City) violated Iowa Code chapter 21 on January 28, 2019.


She alleged that during the city council meeting on January 28, 2019, the council held a closed session without listing such on its agenda and without taking a proper vote or announcing a proper reason for the closed session.

Preliminary review of the agenda, minutes, and audio recording of the meeting confirmed that the city council did conduct a closed session without following the requirements of Iowa Code section 21.5.


Counsel for the City has indicated that the City is willing to fully cooperate with developing an appropriate informal resolution.

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 19FC:0012 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 β€œdelegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.”  The IPIB will review this Order on February 21, 2019. 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 February, 2019, to:

 

Krysty Melton

David Bruner, legal counsel for the City of Guthrie Center