Date:
03/21/2019
Subject:
Heidi Breitsprecker/Delaware Township Fire District - Acceptance Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Heidi Breitsprecker, Complainant And Concerning: Delaware Township Fire District, Polk County, Respondent |
Case Number: 19FC:0014 Acceptance Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.
Heidi Breitsprecker filed formal complaint 19FC:0014 on February 4, 2019. She alleged that the Delaware Township Fire District, Polk County (District), violated Iowa Code chapter 21 by failing to post notice and an agenda of a meeting at least 24 hours prior to the meeting on January 14, 2019, as well as on other dates in 2018. The District had a meeting scheduled for later in the day on February 4, 2019.
For each meeting, Ms. Breitsprecker alleged that the District puts a sign up in front of the fire department. Meeting dates and times are also noted on the Facebook page. A tentative agenda, as required by Iowa Code section 21.4(1)(a), is not included.
The District's attorney responded and noted that under Iowa Code section 359.17(2), the District is only required to provide notice if the purpose of the meeting relates to budget or tax levy matters. Compliance with this section, he argued, equates to compliance with Chapter 21 notice pursuant to Iowa Code section 21.4(4).
The January and February meetings listed agenda items such as “Approval of Financials”, “Mowing/Snow removal contracts”, “Pest Control Bid”, and cemetery lots sold, agenda items that appear to relate to budget matters.
On March 6, 2019, the Iowa Court of Appeals issued an order involving a breach of contract claim against the District. As part of its defense, the District argued that the contract was invalid in part because proper notice pursuant to Iowa Code section 359.17(2) was not given of the meeting in which the contract was approved. This defense was not supported by the Court of Appeals. (See Midwest Ambulance Services v. Delaware Township, 17-2074.)
If Iowa Code section 359.17(2) is not properly followed, then the provision of Iowa Code section 21.4(4) that states “(i)f another section of the Code requires a manner of giving notice of a meeting…, compliance with that section shall constitute compliance with the notice requirement of this section” cannot be used as a proper substitute of notice. (Emphasis added.)
The District is the subject of another formal complaint filed by Ms. Breitsprecker, 18FC:0116, which was accepted by the IPIB on January 28, 2019. IPIB staff can include this Chapter 21 issue as part of any informal resolution produced in the earlier complaint.
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 meets those requirements.
IT IS SO ORDERED: Formal complaint 19FC:0014 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). Parties are directed to engage in reaching an informal resolution, with the assistance of IPIB staff, pursuant to Iowa Code section 23.9.
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 March 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.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of March 2019, to:
Heidi Breitsprecker
Nicholas Bailey, counsel for the Delaware Township Fire District, Polk County