Date:
01/16/2020
Subject:
Jared Beymer/Crawford Co. Land Mobile Radio Advisory Board - Acceptance Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Jared Beymer, Complainant And Concerning: Crawford County Land Mobile Radio Advisory Board, Respondent |
Case Number: 19FC:0132
Acceptance Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order:
On November 10, 2019, Jared Beymer filed a formal complaint against the Crawford County Land Mobile Radio Advisory Board (Board). He alleged that the Board violated Iowa Code chapter 21 on September 17, 2019.
Mr. Beymer alleged that the Board held a meeting on that date without posting a proper agenda. He provided a copy of an agenda and the minutes of the meeting in question. The agenda pictured in his photograph did not accurately reflect the action taken according to the minutes.
Roger Sailer, county attorney, responded to the complaint. He stated that the photograph submitted by Mr. Beymer is of the advance notice of the meeting. He provided a copy of an agenda that he was told was posted on the morning of September 16, 2019. The September 17, 2019, meeting was convened at 6:30 p.m. Minutes of that meeting were also provided. This agenda accurately reflects the action noted in the minutes.
During discussion at an open meeting of the IPIB on December 19, 2019, a witness alleged that she had first hand knowledge that the second agenda was not properly posted. Mr. Beymer also provided date and time information of the photos taken on the afternoon of September 16, 2019, with the insufficient agenda still posted.
The Board is considered a governmental body as defined by Iowa Code section 21.2(1). Therefore, pursuant to Iowa Code section 21.4, the agenda must be posted at least 24 hours prior to a meeting 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.”
If it is necessary to hold a meeting with less than 24 hours, Iowa Code section 21.4(2)(b) requires that a governmental body state in the minutes the “the nature of the good cause justifying that departure from the normal requirements….” The minutes for this meeting do not indicate any amendment or substitution of the agenda.
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:0132 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). Parties are directed to work with IPIB staff to reach an informal resolution as required by 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 January 16, 2020. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson
1. The Crawford County Board of Supervisors created this Board by formal resolution, clearly intending that the Board would be a governmental body subject to open meetings laws.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of January, 2020, to:
Jared Beymer
Roger Sailer, Crawford County Attorney