Date:
11/15/2018
Subject:
Jonathan Miner/Black Hawk County Board of Supervisors - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Jonathan Miner, Complainant And Concerning: Black Hawk County Board of Supervisors, Respondent |
Case Number: 18FC:0100 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Jonathan Miner filed complaint 18FC:0100 with the IPIB on October 25, 2018. He alleged that the Black Hawk County Board of Supervisors (Board) violated Iowa Code chapter 21 on October 25, 2018.
He stated in his complaint: “9 am 10.25.18 Conducted a regular session meeting not open to the public.” As evidence, he provided a court order that allowed him to access the Black Hawk County Courthouse on October 25, 2018, at 2:00 p.m. for a court hearing in case number AGCR224269.
The Black Hawk County website lists a Board meeting on October 23, 2018. The agenda and minutes are available and appear proper. The meeting was recorded and posted online. In the recording, you can see the audience at the meeting. There was no closed session during the meeting.
The court hearing on October 25, 2018, at 2 p.m. is not a meeting of the Board. The assistant county attorney responded to the complaint and indicated that there was no Board meeting on October 25, 2018.
In his reply, Mr. Miner stated that he had been denied open access to the Courthouse by court order. He stated “it would be incumbent on the CA (county attorney) to request a court order at this time since it is via their law enforcement that I was instructed I was not allowed access to that building.”
It appears that Mr. Miner cannot attend any meeting within the Courthouse due to this court order. In his opinion, it is a violation of Iowa Code 21.4(1)(b) if the Board does not take action to modify a court order to allow him access to Board meetings within the Courthouse. He stated: “That is something the county will need to do to ensure they are complying with open meeting requirements.”
Iowa Code section 21.4(1)(b) states:
Each meeting shall be held at a place reasonably accessible to the public and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impracticable. Special access to the meeting may be granted to persons with disabilities.
The Board meetings are held in a location reasonably accessible to the public. In addition, the meetings are recorded and broadcast for those individuals who are not able to physically attend a meeting. There is no statutory requirement for the Board to seek modification of court orders that may restrict attendance of certain individuals.
The IPIB has no jurisdiction over the judicial branch pursuant to Iowa Code section 23.12. Therefore, the IPIB has no authority to overturn or modify a court order.
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 18FC:0100 is dismissed as beyond the jurisdiction of the IPIB and 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 November 15, 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 November, 2018, to:
Jonathan Miner
Pete Burk, County Attorney’s Office