Date:
02/21/2019
Subject:
Edward Askew, Daryl Sywassink, and Paul Elshoff/Muscatine County Board of Supervisors - Consolidation and Dismissal Order
Opinion:
Before The Iowa Public Information Board
In the Matter of:
Edward Askew, Daryl Sywassink, and Case Numbers:
Paul Elshoff, Complainants.
and Concerning: 19FC:0004,19FC:0005, and 19FC:0006
Muscatine County Bd of Sup., Respondent
Report
COMES NOW Legal Counsel for the Iowa Public Information Board (IPIB) and brings forward
this Report and Proposed Consolidation and Recommendation.
Edward Askew, Daryl Sywassink, and Paul Elshoff each separately filed complaints against the
Muscatine County Board of Supervisors (County Board). Consolidation of the three complaints
should be considered. All three complaints alleged that the County Board failed to follow the
County’s own rules on allowing people to speak at its January 7, 2019, Board meeting.
The complainants alleged that they followed the county’s proper procedures. They alleged the
County Board refused to allow Dr. Askew to address the issue of slag. Slag is a type of used
steel the county placed on roadways. Dr. Askew alleged slag caused environmental hazards.
The complainants also alleged that the County Board allowed people who did not follow the
procedures to address the same issue, applying the county’s own rules in an unjust manner. Dr.
Askew had substantial information regarding slag on roadways in lieu of pavement.
A. First Complaint, Allegations, and Remedy Requested
Dr. Edward Askew filed his complaint, 19FC:00004, on January 9, 2019. Dr. Askew alleged
that he requested an item be placed on the agenda and it was denied, while the County Board
allowed two other individuals through administrative services to be placed on the agenda with no
objection. He alleged the county was discriminating in enforcing its own policy.
Dr. Askew reported that he complied with the County Board’s February 6, 2007, policy. The
policy allows any member of the public to place items on the agenda by 4:30 p.m. on the
Tuesday before a County Board meeting. In addition, supporting documentation is requested but
not required.
Dr. Askew requested that the IPIB stop the current chairman of the County Board, Nathan
Mather, and the Director, Administrative Services, Nancy Schreiber from enforcing its rules in
an arbitrary manner.
B. Second Complaint, Allegations, and Remedy Requested
Daryl Sywassink filed his complaint, 19FC:0005, on January 11, 2019.
Mr. Sywassink alleged that he was placed on the agenda to speak, and the chairperson threatened
to remove him the night before. He alleged that the county applied its rules concerning speaking
and placement on the board meeting agenda in a discriminatory manner.
Mr. Sywassink requested that the IPIB fine the current chairman of the County Board, Nathan
Mather, for his arbitrary manner of allowing people to be placed on the agenda and intimidating
residents for information.
C. Third Complaint, Allegations, and Remedy Requested
Paul Elshoff filed his complaint, 19FC:0006, on January 14, 2019.
Paul Elshoff alleged that two others were permitted to speak, but Dr. Askew was not permitted to
speak in violation of the County Board policy. He alleged that the chairman of the County Board
then asked Dr. Askew about the same topic.
Mr. Elshoff requested that the IPIB investigate the January 7, 2019, County Board meeting, to
determine if the events violated the Open Meetings Law, and issue guidance to the Chairman of
the Board of Supervisors, Nathan Mather, or any other action the IPIB deems appropriate.
D. Discussion
Legal Counsel conducted a review of Iowa Code Chapter 21 and found no provision that
specifies government bodies must allow people to speak while conducting meetings. This is also
consistent with the IPIB’s previous position such as IPIB A.O. 2016-08. Furthermore, as stated in
that opinion:
Iowa Code section 21.7 expressly provides a government body with the authority to make and
enforce “reasonable rules for the conduct of its meetings to assure those meetings are orderly,
and free from interference or interruption by spectators.”
Assuming, arguendo, that the Muscatine County Board of Supervisors breached a duty in
applying its own policies on public speaking in its meetings improperly, Iowa Code § 23.6 (4)
only empowers the Iowa Public Information Board to investigate complaints of violating Iowa
Code Chapters 21 and 22. Chapter 23 does not empower IPIB to enforce local county
ordinances or policies, only specific alleged violations of Chapters 21 and 22.
E. Conclusion
Because the complaints all involve the same issue, event, and governmental body, I recommend
that these cases be consolidated and determined together.
Formal complaints 19FC:0004, 19FC:0005, and 19FC:0006 should be dismissed as legally
insufficient pursuant to Iowa Code Section 23.8 and Iowa Administrative Rule 497-2.1 (2) (b).
The IPIB will review this complaint on February 21, 2019. Pursuant to IPIB Rule 497-2.1(4),
the parties will be notified in writing of the decision.
I recommend the IPIB consolidate and dismiss these three complaints as legally insufficient.
Respectfully submitted,
______________________________
Amanda T. Adams, Legal Counsel
CERTIFICATE OF SERVICE
This document was sent via electronic mail on the _______day of February, 2019, to:
Edward Askew, Complainant
Paul Elshoff, Complainant
Daryl Sywassink, Complainant
Alan Ostergren, County Attorney for Muscatine County
The Iowa Public Information Board
In the Matter of: Case Numbers:
Edward Askew, Daryl Sywassink, and
Paul Elshoff, Complainants. 19FC:0004,19FC:0005, and 19FC:0006
and Concerning:
Muscatine County Bd of Sup., Respondent Consolidation and Dismissal Orders
This matter comes before the Iowa Public Information Board (IPIB) this 21st day of February,
2019, to consider whether to accept and consolidate the three complaints, 19FC:0004,
19FC:0005, and 19FC:0006.
The IPIB has reviewed the report and recommendation of IPIB Legal Counsel and determines
that since the issues on the merits involve the same issue and the same Respondent. Case
numbers 19FC:0004, 19FC:0005, and 19FC:0006 should be consolidated. All three cases are
therefore consolidated.
The IPIB has reviewed the complaint, report, and recommendation of IPIB Legal Counsel, and
holds that these complaints are not legally sufficient pursuant to Iowa Code Section 23.8 (2) and
Iowa Administrative Rule 497-2.1 (2)(b).
Therefore, case numbers 19FC:0004, 19FC:0005, and 19FC:0006, are consolidated and
dismissed as legally insufficient and beyond the jurisdiction of the IPIB.
_________________________________
IPIB chair
CERTIFICATE OF SERVICE
This document was sent by electronic mail on the ___________ day of _________________, to:
Edward Askew, Complainant
Daryl Sywassink, Complainant
Paul Elshoff, Complainant
Alan Ostergren, Muscatine County Attorney