Date:
07/18/2019
Subject:
Kathryn Babcock/Chickasaw County Board of Health - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Kathryn Babcock, Complainant And Concerning: Chickasaw County Board of Health, Respondent |
Case Number: 19FC:0064 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Kathryn Babcock filed formal complaint 19FC:0064 on June 10, 2019. She alleged that the Chickasaw County Board of Health (Board) violated Iowa Code chapter 21 at a meeting on June 7, 2019. Ms. Babcock is an employee of the Board.
Ms. Babcock alleged that the Board met on June 5, 2019, with an agenda that listed two agenda items concerning Environmental Health. Action was anticipated concerning an employee contract.
Four of the five Board members attended. One member left prior to the end of the meeting. Ms. Babcock alleged that two Board members engaged in a discussion with the assistant county attorney on matters not listed on the agenda. She recorded a discussion these members concerning by-laws and meeting times. No votes occurred on these issues. Ms. Babcock also wrote a synopsis of the meeting discussion which was reviewed by IPIB staff.
The assistant county attorney engaged the Board members in the off-agenda discussions of changing meeting times to encourage better Board attendance and other matters. He is not a member of the Board, nor is he a governmental body as defined by Iowa Code section 21.2(1). While he should use caution in engaging Board members in discussions of issues not on the agenda, this is not a violation of Iowa Code chapter 21.
The county attorney was advised of the Board’s off-agenda discussions at this meeting and instructed the assistant county attorney to avoid doing this in the future. While deliberating or taking action on a matter not on the agenda is a violation of Iowa Code 21.4, there is insufficient information to determine if deliberation actually occurred or whether Board members instead were responding to matters raised by the assistant county attorney.
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.
IT IS SO ORDERED: Formal complaint 19FC:0064 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 July 18, 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 July 2019, to:
Kathryn Babcock
Chickasaw County Board of Health