Date:
08/19/2021
Subject:
Matt Trimble/Scott County Board of Supervisors - Dismissal Orcer
Opinion:
The Iowa Public Information Board
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In re the Matter of: Matt Trimble, Complainant And Concerning: Scott County Board of Supervisors, Respondent |
Case Number: 21FC:0053
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 25, 2021, Matt Trimble filed formal complaint 21FC:0053, alleging that the Scott County Board of Supervisors (Board) violated Iowa Code chapter 21 on May 25, 2021.
Mr. Trimble described the alleged violation as follows:
“There may have been an open meetings law violation by several of the members of the Scott County Board of Supervisors during the appointment process for County Auditor replacement. The appointment was announced on May 25, 2021, with less than 24 hours public notice and no full County Board of Supervisors discussion even in a closed session. Local media coverage indicates there are conflicting facts from Scott County Board members about how the decision to appoint & then the specific candidate was chosen.”
The attachments provided by Mr. Trimble showed that the appointment of the county auditor was properly noticed on the agenda for the meeting. The minutes indicate that Supervisor Beck moved to adopt a resolution appointing Kerri Tompkins as auditor; seconded by Supervisor Knobbe. Supervisor Croken moved to table the resolution; seconded by Supervisor Kinzer. That motion failed by a vote of 2 to 3. The resolution of appointment was then approved by 3 to 2 vote (along party lines).
News articles were also submitted by Mr. Trimble. The Quad-City Times article, dated May 24, 2021, stated that Supervisors Beck and Knobbe had discussed their recommendation for the position and would propose the resolution of appointment that was subsequently approved by a majority vote of the Board at the open meeting on May 25, 2021.
Supervisor Maxwell told the Quad-City Times that he knew that someone was selected by Supervisors Beck and Knobbe, but he was unaware of who that was until the night before the meeting when the assistant county administrator notified all supervisors.1
On May 18, 2021, the North Scott Press reported that all three Republican supervisors “have agreed to appoint the only auditor candidate they have interviewed” in an article posted a week before the meeting. Supervisor Maxwell stated that he disputes the accuracy of this article.2
In response to the complaint, two of the five supervisors submitted brief responses:
Supervisor Beck: “In response to Mr. Trimble’s complaint, as the chair of the board, I lead the selection process to fill the auditor’s vacancy. My efforts starting earlier this year including conversations and consultation with Supervisor Tony Knobbe after information was heard about a June 2021 retirement by the auditor; however, I did not discuss potential candidates nor the final candidate (Ms. Tompkins) with Supervisor Maxwell, Supervisor Croken or Supervisor Kinzer prior to our Special Board meeting on May 25, 2021. As such, it is my belief that I nor the board violated the intent or spirit of the open meeting law.”
Supervisor Maxwell: “As I have stated before, I did not meet with the two other Scott County Supervisor Board members, to discuss the appointment of the auditor, before the name was revealed in an open meeting. Also, I was misquoted in the North Scott Press about any knowledge I had prior to the email revealing her name as a candidate.”
No other responses were provided.
Iowa Code section 21.2(2) defines a meeting as “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.”
The allegation that three of the five supervisors gathered to select the candidate for the county auditor appointment is not supported by the information provided by the parties. Two supervisors meeting is not a majority of the Board, so a meeting as defined by Iowa Code did not occur.
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 21FC:0053 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 August 19, 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. The proposed resolution submitted to the Board members did not name any candidates. Following the release of the name of the person selected by Supervisor Beck, the Scott County Democrats announced they would launch a petition to force a special election to fill the vacancy.
2. The article stated that he “knows and has spoken with the prospective appointee, as well.” This is the statement that Supervisor Maxwell disputes. The Quad-City Times reported that the North Scott Press “declined to comment on its reporting, but has not issued a correction.” The North Scott Press has a paywall that prevents access to a follow-up article.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of August, 2021, to:
Matt Trimble
Ken Beck, chair, Scott County Board of Supervisors