Topics:

Formal Complaints

Date:
05/18/2017

Subject:
Laurie Taylor / Woodbury County Extension Council - Dismissal Order

Opinion:

The Iowa Public Information Board

In re the Matter of:

Laurie Taylor, Complainant

And Concerning:

Woodbury County Extension Council, Respondent

                      Case Number: 17FC:0032

                          DISMISSAL ORDER


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

On April 24, 2017, Laurie Taylor filed a formal complaint against the Woodbury County Extension Council (Council) alleging a violation of Iowa Code chapter 21.  Specifically, she alleged that the Council violated Iowa Code by cancelling and rescheduling a meeting without 24 hours notice of the cancellation.

The Council had properly scheduled a meeting for March 13, 2017, providing notice as required by Iowa Code section 21.4.  On the morning of March 13, 2017, it was decided that the meeting would need to be rescheduled to March 20, 2017, as the background checks for the garden show volunteers had not been completed.

An email was sent to extension staff advising them of the scheduling change on March 13, 2017, at 11:05 a.m.  The same notice was sent to Ms. Taylor at 11:24 a.m.  The notice for the March 20, 2017, meeting was then properly posted on March 17, 2017.

Ms. Taylor also complained that the scheduling change was not sent to the general public or announced through the media or on the website.

Iowa Code chapter 21 does not establish requirements for canceling or rescheduling a meeting.  Section 21.4(2)(a) requires that notice “shall be given at least twenty-hours prior to the commencement of any meeting of a governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given.”  Pursuant to Iowa Code section 21.4(1)(a) such notice shall include “advising the media who have filed a request for notice with the governmental body and posting the notice on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting….”

There is no evidence that these requirements were not properly followed.

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 is within the jurisdiction of the IPIB, but is not legally sufficient and is without merit. 

IT IS SO ORDERED:  Formal complaint 17FC:0034 is dismissed as legally insufficient and without merit 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 its final decision.  Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its final decision.

By the IPIB Interim Executive Director

 

_________________________________
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
Laurie Taylor
Molly Hewitt, director, Woodbury County Extension