Date:
05/20/2021
Subject:
Tracy Carlson/Kossuth County Board of Supervisors - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Tracy Carlson, Complainant And Concerning: Kossuth County Board of Supervisors, Respondent |
Case Number: 21FC:0007
Revised Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Revised Dismissal Order:
On February 9, 2021, Tracy Carlson filed formal complaint 21FC:0007, alleging that the Kossuth County Board of Supervisors (Board) violated Iowa Code chapter 21. She alleged that the Board improperly met in closed session on February 9, 2021.
Ms. Carlson alleged that the Board met on that date for a regular meeting. As part of that meeting, the Board discussed a salary issue with a county employee present. At that time, the Board stated the matter would be discussed further during the budget workshop.
Fifteen minutes after the regular meeting ended, Ms. Carlson returned to the meeting room. She alleged at this time, the door was closed. When she opened the door, she saw the Board in the room discussing the earlier noted agenda item.
On February 24, 2021, the county attorney responded to the complaint. He noted that the agenda for that day properly notified the public that the budget workshop would be held following the regular meeting. When Ms. Carlson returned, the Board was conducting the budget workshop, following a lunch break. The door was closed, but was not locked. The workshop was open to the public. Ms. Carlson was not denied access to the meeting.
The county attorney noted that no final action was taken during the budget workshop. It was not considered to be or noticed as a closed meeting. The door was closed due to concerns about possible noise issues.
A copy of the meeting agenda was reviewed by IPIB staff. The meeting and the workshop were both properly noticed. There is no evidence that Ms. Carlson, or any other member of the public, was denied access to the budget workshop.
Ms. Carlson also expressed concerns about the recording of the meeting. She alleged that the recording did not accurately record the entire meeting. There is no requirement that an open session of a meeting be recorded. Therefore, there is no violation of Iowa Code chapter 21.
Although there is insufficient evidence to support finding that a violation of Iowa Code chapter 21 occurred, comments made during the morning portion of the meeting were misleading. The county attorney was advised by IPIB staff that the Board should guard against making statements during a meeting that could mislead members of the public into thinking a noticed meeting had been cancelled. (See Attachment.)
Iowa Code section 23.8 requires that a complaint be within the IPIBβs jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 21FC:0007 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 βdelegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.β The IPIB will review this Order on May 20, 2021. 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. IPIB staff reviewed recordings of the meeting at issue from Ms. Carlson and the county attorney. Upon review, the recordings do not offer any additional information to support a finding of a violation of Iowa Code chapter 21.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of May, 2021, to:
Tracy Carlson
Todd Holmes, Kossuth County Attorney
(Date)
RE: Formal Complaint 21FC:0007 - Carlson/Kossuth County Board of Supervisors
Todd Holmes
Kossuth County Attorney
Dear Mr. Holmes:
As you are aware, the Iowa Public Information Board (IPIB) has reviewed a Dismissal Order at their meetings on March 18, 2021, and April 15, 2021. At the most recent meeting, some IPIB members expressed concerns that Ms. Carlson may have been intentionally misled into believing that the budget workshop would not proceed after a lunch break as noticed on the agenda.
While the statements made do not rise to the level of an obvious violation of Iowa Code chapter 21, the Kossuth County Board of Supervisors should guard against making statements that could mislead members of the public into thinking that the day's activities were changed. The meetings of a governmental body must be open and accessible to the public.
The closing of a door into the meeting room, albeit for a valid reason, can create the appearance that the public cannot enter the meeting. It would have been appropriate to put a note on the door indicating that the meeting was still open to the public.
Please share this letter with the members of the Kossuth County Board of Supervisors. In addition, you may want to provide copies of the powerpoint presentation available on the IPIB website. The new officers training this year was held virtually, so new members may appreciate the additional information. And even members who have been on the Board of Supervisors for a longer period of time can always benefit from a review of open meetings law.
Thank you for your attention to this matter.
Sincerely,
Margaret E. Johnson, JD
Executive Director