Date:
11/15/2018
Subject:
Al Winters/North Iowa Regional Economic and Port Authority - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Al Winters, Complainant And Concerning: North Iowa Regional Economic and Port Authority, Respondent |
Case Number: 18FC:0101 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Al Winters filed complaint 18FC:0101 with the IPIB on October 25, 2018. He alleged that the North Iowa Regional Economic and Port Authority (Authority) violated Iowa Code chapter 21 on October 24, 2018.
He stated in his complaint that the Authority met on October 24, 2018, without posting appropriate notice as required in Iowa Code section 21.4. As evidence of this, he included information from the Mitchell County Auditor dated October 25, 2018, indicating that the Auditor had not posted notice in Mitchell County. He also provided information from another person who checked the Worth County bulletin board on October 25, 2018, and reported that there was no notice posted there.
Mr. Winters drove to the Cerro Gordo County courthouse on October 25, 2018, to check for a posted notice and found none at that location. He also visited the North Iowa Regional Commerce Center to see if notice was posted there. That location does not have a place to post notices.
Four counties are members of the Authority: Worth, Cerro Gordo, Mitchell, and Winnebago. The Authority’s membership consists of a supervisor from each county, plus four other members. The Authority is organized under Iowa Code chapter 28J and is considered a governmental body required to hold open meetings under Iowa Code
Stan Walk, the secretary for the Authority, responded to the complaint. He is responsible for posting meeting notices. He provided a dated photo showing that the notice was posted on the bulletin board at the Mitchell County Courthouse at 6:11 p.m. on October 22, 2018. This is the office of record for the Authority.
Mr. Walk also stated that the meeting was open and attended by the local media. A reporter for the St. Ansgar Enterprise Journal confirmed that he had notice of the meeting and was present. He also indicated that the Authority “has been transparent with meeting dates and records requests” with his newspaper.
Iowa Code section 21.4(1)(a) establishes proper notice:
21.4 Public notice.
1. a. Except as provided in subsection 3, a governmental body shall give notice of the time, date, and place of each meeting including a reconvened meeting of the governmental body, and the tentative agenda of the meeting, in a manner reasonably calculated to apprise the public of that information. Reasonable notice shall include advising the news 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, or if no such office exists, at the building in which the meeting is to be held.
There is evidence to show that the Authority did provide proper notice for this meeting. The Authority chairperson stated the Authority used to post notice at additional locations in each member county. To increase meeting transparency, he added that the Authority would post those additional notices in the future.
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:0101 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 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:
Al Winters
North Iowa Regional Economic and Port Authority