21FC:0075 Betty Brummett/Taylor County Board of Supervisors - Dismissal Order

Date:
09/16/2021

Subject:
Betty Brummett/Taylor County Board of Supervisors - Dismissal Order

Opinion:

The Iowa Public Information Board

COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:

On August 10, 2021, Betty Brummett filed formal complaint 21FC:0075, alleging that the Taylor County Board of Supervisors (Board) violated Iowa Code chapter 21 on August 5, 2021.

Ms. Brummett alleged that the Board failed to properly post an agenda for a special meeting.  She alleged that during the Board meeting on August 5, 2021, the Board decided to hold a special meeting at 9 a.m. the next day.  She alleged that the meeting notice and agenda was not posted until 11:53 a.m., less than 24 hours prior to the meeting.

After the complaint was filed and forwarded to the Taylor County Attorney, Ms. Brummett stated that she was told on August 12, 2021, that the meeting notice was posted at 8:35 a.m. on August 5, 2021.  She included screen shots she received from others who claim this was not accurate.  

Clinton Spurrier, the Taylor County Attorney, responded to the complaint on August 12, 2021.  He stated that the agenda was posted at 8:35 a.m. on August 5, 2021, on the bulletin board designated for that purpose in the courthouse, as required by Iowa Code section 21.4(1)(a).  This bulletin board is located in the hallway directly outside the Board meeting room on the first floor of the Taylor County Courthouse.  Security camera footage confirmed the time of posting.

He added that a courtesy copy of the notice is usually posted on the south door of the courthouse.  He is unaware of the time that notice was posted on August 5, 2021.

Mr. Spurrier added that the purpose of the August 6, 2021, meeting was to meet with  a consultant hired to present elevator proposals for the courthouse.  No deliberation or action occurred during this informational meeting.  A review of the agenda confirms that the only item of substance was “Special Meeting with Mindy Aust to discuss Elevator Project.”1

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.

Based upon a review of the agenda and the minutes of the August 6, 2021, meeting, this meeting may not have been a meeting as defined by the statute.  However, it was appropriate for the Board to post notice and the agenda for this meeting in case deliberation or action occurred.

Iowa Code section 21.4(1)(a) requires that notice of the “time, date, and place of each meeting”  must be properly noticed by “posting the notice on a bulletin board of other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting….” 

Iowa Code section 21.4(2)(a) requires that this notice be posted at least 24 hours prior to the commencement of any meeting.  The Taylor County Attorney confirmed that the official notice was properly posted within the 24 hour requirement.  Postings in other locations are not required by Iowa Code chapter 21.

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:0075 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 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

________________________________

Margaret E. Johnson

1. On August 13, 2021, Ms. Brummett alleged that the Board violated Iowa Code chapter 21 by contacting the county attorney concerning this complaint and reviewing security camera footage.  The complaint was sent by the IPIB to the county attorney on August 11, 2021.  The attorney’s response was received on August 12, 2021.  She also alleged that she stayed after the meeting on August 12, 2021, and the board members remained for at least an hour after adjournment talking about “random things that had nothing to do with business.”   This is not a violation of Iowa Code chapter 21.

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of September, 2021, to:

Betty Brummett
Clinton Spurrier, Taylor County Attorney