Date:
05/18/2017
Subject:
Tom Leohr / Black Hawk County Supervisors - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Tom Leohr, Complainant And Concerning: Black Hawk County Supervisors, Respondents |
DISMISSAL ORDER
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COMES NOW, Margaret E. Johnson, Interim Executive Director for the Iowa Public Information Board (IPIB) and enters this Dismissal Order.
On March 30, 2017, Tom Leohr filed a formal complaint with the Iowa Public Information Board (IPIB), alleging that the Black Hawk County Supervisors (Supervisors) violated Iowa Code chapter 21, open meetings.
Specifically, he alleged that in March of 2015, the Supervisors serving at that time violated Iowa Code section 22.3 by discussing a wind energy project “in pairs and or singularly to avoid the open meeting rules.” He bases this violation on a copy of an email he received as part of an open records request. The email, dated March 9, 2015, was from Kirk Kraft, project development with RPMAccess. The opening line read: “I have had the opportunity to visit with you all individually or in pairs and very much appreciate the time from your busy schedules.”
There is no evidence of any responding emails to Mr. Kraft.
The Black Hawk County assistant county attorney responded to the complaint on April 11, 2017, noting that the complaint exceeds the 60 day statutory limitation for jurisdictional authority pursuant to Iowa Code section 23.7(1) as the alleged violation, if any, took place before March 9, 2015. In addition, he notes that there is no evidence of a meeting as defined by Iowa Code section 21.2(2):
“Meeting” means a gathering in person or by electronic means, formal or informal, of a majority of the members of a governmental body where there is deliberation or action upon any matter within the scope of the governmental body’s policy-making duties.
The assistant county attorney added that there are five supervisors on the board, so a majority would require at least three gathering together and deliberating or taking action.
Mr. Leohr replied that he only had evidence supporting his allegation when he recently received copies of the 2015 emails, and therefore should be allowed to extend the 60-day period under the provision of Iowa Code section 23.7(1) that states “...or the complainant could have become aware of the violation with reasonable diligence.” He also requested that the IPIB determine that the Supervisors were “acting unethically by using a walking quorum….”
There is insufficient evidence to believe that the Supervisors violated Iowa Code chapter 21 by holding an illegal meeting. There is no prohibition in Iowa Code chapter 21 against a supervisor meeting with an outside person to discuss county issues.
With this determination, it is unnecessary to determine whether this complaint was timely filed.
IT IS SO ORDERED: Formal complaint 17FC:0024 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 May 18, 2017, and make a final decision. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of the final decision.
By the IPIB Interim Executive Director
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Margaret E. Johnson
Dated this 9th day of May, 2017.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the 9th day of May, 2017, to:
IPIB
Tom Leohr
Peter Burk, Black Hawk County Attorney’s Office