Date:
04/15/2021
Subject:
Kathleen Granger/Harrison County Board of Supervisors - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Kathleen Granger, Complainant And Concerning: Harrison County Board of Supervisors, Respondent |
Case Number: 21FC:0022
Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
Kathleen Granger filed formal complaint 21FC:0022 on March 10, 2021, alleging that the Harrison County Board of Supervisors (Board) violated Iowa Code chapters 21 and 22.
Ms. Granger alleged that on December 3, 2020, the Board held an open meeting during which mention was made that the Assessor’s Office had a sign on the door stating that the Assessor was working remotely and the office was closed. She stated that the Board had no jurisdiction over the office hours kept by the Assessor.
Assessors in Iowa are governed by a Conference Board. Each Conference Board has representation from three constituencies: county supervisors, mayors from cities within the county, and representatives from school boards within the county. Conference Board meetings are considered open meetings by Iowa Code.
Ms. Granger also alleged that the Board violated Iowa Code section 349.18 by failing to post and publish the minutes in a timely manner. Iowa Code chapters 21 and 22 do not establish any requirements concerning posting or publication of minutes, Therefore, this is not a violation of chapters 21 and 22.
The county attorney’s office responded to the complaint on March 23, 2021. At the December 3, 2020, meeting, a Board member mentioned a sign posted on the Assessor’s door that stated the Assessor’s Office “will be working remotely until further notice.” Contact information was included on the sign.
The attorney added that one of the Board members is also the Chairman of the Conference Board. At the meeting, he noted that he was unaware that the Assessor was working remotely. No deliberation or action was taken, as the Board does not have authority to set office hours for the Assessor.
The Board minutes were published on January 13, 2021, and noted this discussion occurred, but that no action was taken.
The information provided by Ms. Granger does not allege a violation of Iowa Code chapter 21 or 22. The Board did not deliberate or take action upon any issue concerning the Assessor at this meeting.
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 meet those requirements.
IT IS SO ORDERED: Formal complaint 21FC:00022 is dismissed as legally insufficient and without merit, 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 April 15, 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. For additional information concerning conference boards, see the IPIB FAQ (frequently asked question) on the IPIB website at: https://ipib.iowa.gov/node/347.
2. Iowa Code section 349.18 indicates that meeting minutes “shall be published immediately after the adjournment of the meeting.” Subsection 349.18(3)(a) requires that the county auditor furnish a copy of the proceedings to be published within one week. Subsection 349.18(3)(b) requires that the auditor post the full texts of resolutions (not minutes) on the county’s website, if such exists.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of April, 2021, to:
Kathleen Granger
Ashley West, assistant county attorney for Harrison County