Date:
07/15/2021
Subject:
Brenda Loftus/Harrison County Board of Supervisors - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Brenda Loftus, Complainant And Concerning: Harrison County Board of Supervisors, Respondent |
Case Number: 21FC:0047
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:
On June 14, 2021, Brenda Loftus, the Harrison County Assessor, filed formal complaint 21FC:0047, alleging that the Harrison County Board of Supervisors (Board) violated Iowa Code chapter 21.
Ms. Loftus listed five dates of violation: April 29, 2021, and May 6, 13, 20, and 27, 2021. On each of those dates she alleged the three members of the Board violated Iowa Code chapter 21 as follows:
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April 29, 2021 -- Board made statements about the office hours of the County Assessor. These comments were not included in the minutes.
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May 6, 2021 -- Board members again discussed the Assessor’s office hours and staffing. They also discussed the Assessor’s management skills.
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May 13, 2021 -- Board members again discussed the Assessor’s office.
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May 20, 2021 -- Ms. Loftus could not attend this meeting or review a recording of the entire meeting, so she is unsure if comments were again made.
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May 27, 2021 -- Comments were again made on the Assessor’s Handbook.
Ms. Loftus alleges that the Board has no authority to discuss the Assessor or her management of the office. She also alleges that the Board violated Iowa Code chapter 21 by discussing the Assessor without notifying the Conference Board or the Assessor. Ms. Loftus alleged that this is a violation of Iowa Code section 21.5(1)(i).
Legal counsel for the Board provided copies of the agendas and minutes of the meetings in question. At the April 29, 2021, Board meeting, a question was raised during “Public Comments” from a member of the public (Nick Loftus) about the Assessor. No action was taken. One Board member said he would speak with Mr. Loftus after the meeting.
On May 6, 2021, one Board member (Chairman Smith) responded to another Board member’s question about the closure of the Assessor’s Office. The county auditor made a comment about a change in status of an employee in that office. Chairman Smith then stated (according to the minutes) that this was an issue for the Conference Board. In response to another question, Chairman Smith agreed to get copies of the Assessor’s Handbook for all Board members.
On two dates (May 13 and May 20) comments concerning the Assessor’s Handbook were made during “Supervisor Comments,” but no action was taken. On one date (May 27) the minutes do not reflect any comments made.
On June 25, 2021, legal counsel for the Board officially responded to the complaint. Counsel correctly stated that decisions concerning the Assessor’s Office are made by the county’s Conference Board pursuant to Iowa Code chapter 441, not by a county’s board of supervisors. Counsel provided a detailed analysis of the Conference Board authority (see Exhibit A).
As noted by legal counsel, this Board has no authority to deliberate or take actions concerning a county assessor at a board of supervisors meeting. Therefore, the requirements for a meeting as defined by Iowa Code section 21.2(2) have not been met.
The proper governmental body to have authority over the Assessor is the Conference Board. The membership of the Conference Board consists of three “constituent members.” One constituency member is the Board of Supervisors, the second consists of the mayors of all incorporated cities in the county, and the third member is a group consisting of a representative from the board of directors of each school district in the county. Each such group has one vote on the Conference Board. One constituency member gathering is not a quorum.
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. These requirements have not been met.
IT IS SO ORDERED: Formal complaint 21FC:0047 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 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. Ms. Loftus also indicates that as of June 14, 2021, the May 20, 2021, minutes have not been published and that the website was not updated more recently than mid-April. Neither of these allegations are violations of Iowa Code chapter 21.
2. Ms. Loftus alleged a history of ongoing violations, citing a previous IPIB dismissal order (21FC:0022), a previous informal resolution involving two of the three current Board members (18FC:0041), and a court of appeals decision from 2016 when a previous Board was found to have violated Iowa Code chapter 21 when meeting as drainage district trustees (Oliner and Meyer, 892 N.W.2d 775 (Iowa App. 2016)).
3. Iowa Code section 21.2(2) defines a meeting: 2. “Meeting” means a gathering in person or by electronic means, formal or informal, of a majority of the members of a governmental body where there is deliberation or action upon any matter within the scope of the governmental body’s policy-making duties. Meetings shall not include a gathering of members of a governmental body for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of this chapter. (Emphasis added.)
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of July, 2021, to:
Brenda Loftus
Brent Hinders, legal counsel for the Harrison County Board of Supervisors