18FC:0126 Hillary Authier/Kensett Library Board of Trustees - Dismissal Order

Date:
02/21/2019

Subject:
Hillary Authier/Kensett Library Board of Trustees - Dismissal Order

Opinion:

The Iowa Public Information Board

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

On December 31, 2018, Hillary Authier filed this formal complaint against the Kensett Library Board of Trustees (Board) alleging a violation of Iowa Code chapter 21. She alleged that a majority of the Board met sometime between October 16, 2018, and November 20, 2018, to discuss filling an open Board position.

One Board member told Ms. Authier that after the October meeting she had contacted two other Board members to mention a possible candidate.  There are five total members on the Board. A majority of the members is three members.

The Board responded to this complaint at a Board meeting.  The Board stated that the discussion cited involved a Board member mentioning a possible candidate to two other Board members at separate times during different telephone conversations.  At no time did the three members gather together, in person or electronically, to deliberate or take action as required in the definition of a meeting (see Iowa Code section 21.2(2)).

There is also no evidence to narrow the time frame to determine when or where these conversations may have taken place.

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:0126 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 February 21, 2019. 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.

Dated this ____ day of February, 2019

CERTIFICATE OF MAILING

This document was sent by U.S. postal or electronic mail on the ___ day of February, 2019, to:

Hillary Authier (electronic)

Philip Wieser, Kensett Library Board of Trustees