20FC:0021 Lisa Obrecht/City of Zearing - Dismissal Order

Date:
03/19/2020

Subject:
Lisa Obrecht/City of Zearing - Dismissal Order

Opinion:

The Iowa Public Information Board

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

On February 24, 2020, Lisa Obrecht filed formal complaint 20FC:0021 alleging that the City of Zearing (City) violated Iowa Code chapter 21.

Ms. Obrecht is a member of the Zearing city council.  She alleged that on February 24, 2020, she received three phone calls from citizens of Zearing.  Each caller reported that an illegal meeting was occurring at city hall, involving some council members and the mayor.  She did not provide any additional information.

The City responded to this complaint on March 6, 2020.  Legal counsel contacted Ms. Obrecht to determine who was attending the alleged illegal meeting.  Ms. Obrecht told legal counsel that there were two council members and the Mayor at this meeting.

According to Iowa Code section 21.2(2), a meeting requires a majority of the members of the governmental body to gather to deliberate or take action on government matters.  There are five council members in Zearing. Three council members would be required for a majority to exist.  

Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint.  This complaint does not fulfill those requirements.

IT IS SO ORDERED:  Formal complaint 20FC:0021 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 March 19, 2020. 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

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of March, 2020, to:

Lisa Obrecht

Sarah Franklin, DavisBrown, legal counsel for the City of Zearing