Date:
02/21/2019
Subject:
Hillary Authier/Kensett Library Board of Trustees - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Hillary Authier, Complainant And Concerning: Kensett Library Board of Trustees, Respondent |
Case Number: 19FC:0007 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On January 14, 2019, Hillary Authier filed this formal complaint against the Kensett Library Board of Trustees (Board) alleging a violation of Iowa Code chapter 21. She alleged that the Board met on January 3, 2019, and deliberated upon an issue not on the agenda.
The Board met on January 3, 2019, with a properly posted agenda listing an item labeled “Discussing Budget ONLY.” During this discussion, the Board reviewed and took action on the allocation of work hours for library employees as part of the budget issue. Ms. Authier serves as the director of the library. She stated that the Board does not have the authority to determine employee hours and salaries.
In reviewing the minutes, it appears that the discussion was a proper matter within the ‘Budget” topic. Whether the Board has the authority to determine work hours and salaries is not addressed in Iowa Code chapter 21.
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 does not meet those requirements.
IT IS SO ORDERED: Formal complaint 19FC:0007 is dismissed as legally insufficient pursuant to Iowa Code section 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 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.
Dated this ____ day of February, 2019
CERTIFICATE OF MAILING
This document was sent by U.S. postal or electronic mail on the ___ day of February, 2019, to:
Hillary Authier (electronic)
Philip Wieser, Kensett Library Board of Trustees