Date:
09/16/2021
Subject:
Victoria Rossander/Montgomery County Board of Supervisors - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Victoria Rossander, Complainant And Concerning: Montgomery County Board of Supervisors, Respondent |
Case Number: 21FC:0070
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 August 5, 2021, Victoria Rossander filed formal complaint 21FC:0070, alleging that the Montgomery County Board of Supervisors (Board) violated Iowa Code chapter 21 on unknown dates and times.
Ms. Rossander alleged that the Board established a committee to determine how the Board would spend its American Rescue Plan (ARP) funds. She alleged that she could not find any record of the establishment of this committee. She also alleged that the group may be meeting without posted notice in meetings that are not open to the public.
On August 6, 2021, Ms. Rossander provided a copy of an email from the county auditor with information about the committee’s membership, which stated that the committee “gathers information and ideas and brings forth the request to the Board.” The auditor added that all future meetings would be noticed and open to the public.
In response to the complaint, the Montgomery County Attorney provided an additional email from the county auditor stating that all future meetings of the group would be open to the public, an agenda would be posted, and anyone can request to be separately notified.
The local radio station, KMA, posted at least three articles on August 3, 10, and 31, 2021, that would indicate that all decisions concerning spending of ARP funds had been presented to the Board at properly noticed open meetings. It would appear from these articles that the ARP committee engaged in collecting information for the Board, and the Board was responsible for making the decisions on expenditure of the funds.
The complaint alleges that the Board violated Iowa Code chapter 21. However, there is no information that the Board met improperly without notice. It appears from all the information provided that the informal committee meeting to gather information would not meet the definition of a “governmental body” pursuant to Iowa Code section 21.2(1). A majority of the Board membership did not meet as part of this committee.
The ARP committee plans to post notice and an agenda for any future meetings of this group.
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:0070 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 September 16, 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. Because the complaint did not provide specific dates for the alleged meetings, it can not be determined if the complaint was timely filed, as required by Iowa Code section 23.7(1). The legal sufficiency of the complaint can be determined without deciding this issue.
2. The membership included the county auditor, sheriff, public health director, emergency management director, and two (out of five) Board members.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of September, 2021, to:
Victoria Rossander
Drew Swanson, Montgomery County Attorney