20FC:0006 Mike Schleicher/Jefferson County Extension Council - Dismissal Order

Date:
02/20/2020

Subject:
Mike Schleicher/Jefferson County Extension Council - 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 January 14, 2020, Mike Schleicher filed formal complaint 20FC:0006, alleging that the Jefferson County Extension Council (Council) violated Iowa Code chapter 21.

Mr. Schleicher stated that on November 24, 2019, the Council met at the Jefferson County Extension Office.  The meeting was properly noticed. A telephone number was noted on the agenda for anyone who wanted to call in to the meeting, but the meeting was not an electronic meeting as defined by Iowa Code section 21.8.  He alleged that the telephone number did not work.

Legal counsel for the Council responded to the complaint.  The telephone number provided was to allow for an electronic meeting if necessary to reach a quorum.  Seven members attended in person, so an electronic meeting was not necessary. The Council was unaware that members of the public planned to call in.

Iowa Code chapter 21 does not require that a governmental body provide an alternative means to attend a properly noticed open meeting held pursuant to Iowa Code section 21.3.  The Council will remove any call-in information from future agendas to avoid confusion.

Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint.  This complaint does not fulfill those requirements.

IT IS SO ORDERED:  Formal complaint 20FC:0006 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 20, 2020. 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

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of February, 2020, to:

Mike Schleicher

Thomas Henderson, legal counsel for the Jefferson County Extension Council