Date:
09/20/2018
Subject:
Ron Sweers/County Social Services - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Ron Sweers, Complainant And Concerning: County Social Services, Respondent |
Case Number: 18FC:0066 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Ron Sweers filed formal complaint 18FC:0066 on August 13, 2018, alleging that the County Social Services (CSS) violated Iowa Code chapter 21 on June 20, 2018, when the three CSS officers met with the CSS Administrator to prepare a CSS meeting agenda.
The 28E agreement and the CSS by-laws were provided and reviewed. There are 21 counties who are members of the CSS. Each county appoints a member of the CSS board. In addition, there are at least two more non-voting members of the CSS board.
The 28E agreement requires a majority of the board membership to meet for a meeting to occur. That would require at least 11 members to be present to meet the definition of a meeting pursuant to Iowa Code section 21.2(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. Meetings shall not include a gathering of members of a governmental body for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of this chapter.
The by-laws specifically set forth the duties of the Executive Committee (see Exhibit A, attached). These duties do not create a governmental body pursuant to the definition in Iowa Code section 21.2(1)(h) or section 21.2(1)(j):
h. An advisory board, advisory commission, advisory committee, task force, or other body created by statute or executive order of this state or created by an executive order of a political subdivision of this state to develop and make recommendations on public policy issues.
j. An advisory board, advisory commission, advisory committee, task force, or other body created by an entity organized under chapter 28E, or by the administrator or joint board specified in a chapter 28E agreement, to develop and make recommendations on public policy issues.
The Iowa Supreme Court has said that policy-making “is more than recommending or advising what should be done. Policy-making is deciding with authority a course of action.” Mason v. Vision Iowa Board, 700 N.W.2d 349 (Iowa 2005)
The executive officers are not a governmental body as defined by Iowa law. A meeting of the actual governmental body, the CSS, did not occur. Therefore, there is not a violation of 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 all of those requirements.
IT IS SO ORDERED: Formal complaint 18FC:0066 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 September 20, 2018. 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 September, 2018, to:
Ron Sweers
Steven Weidner, counsel for CSS