21FC:0085 Anonymous/Marshall County Board of Supervisors - Dismissal Order

Date:
10/21/2021

Subject:
Anonymous/Marshall 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 September 13, 2021, Anonymous (anonymous@yahoo.com)1 filed formal complaint 21FC:0085, alleging that the Marshall County Board of Supervisors (Board) violated Iowa Code chapter 21.  The complainant alleged that on August 31, 2021, the Board held a meeting with electronic access, citing the construction at the courthouse as the reason for electronic access.

The complainant asked the IPIB to require in person meetings.

In response to the complaint, legal counsel for the Board stated that on July 20, 2021, the Board passed a resolution restricting public access to the courthouse as a safety precaution while construction to the interior and exterior of the building is completed.

Counsel noted that the requirements of an electronic meeting pursuant to Iowa Code section 21.8 have been met.  Members of the public can attend using the Zoom meeting link or by dialing in with a telephone.  All instructions for participation are noted on the posted notice and agenda.

Iowa Code section 21.8 states:

21.8 Electronic meetings.

1. A governmental body may conduct a meeting by electronic means only in circumstances where such a meeting in person is impossible or impractical and only if the governmental body complies with all of the following:

a. The governmental body provides public access to the conversation of the meeting to the extent reasonably possible.

b. The governmental body complies with section 21.4. For the purpose of this paragraph, the place of the meeting is the place from which the communication originates or where public access is provided to the conversation.

c. Minutes are kept of the meeting. The minutes shall include a statement explaining why a meeting in person was impossible or impractical.

2. A meeting conducted in compliance with this section shall not be considered in violation of this chapter.

3. A meeting by electronic means may be conducted without complying with paragraph “a” of subsection 1 if conducted in accordance with all of the requirements for a closed session contained in section 21.5.

A review of the meeting notice, agenda, and minutes confirmed that the requirements of Iowa Code section 21.8 were properly met.

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:0085 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 October 21, 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.Note that this email address is not legitimate.  Efforts to contact the complainant have been unsuccessful.

CERTIFICATE OF MAILING

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

Jordan Gaffney, Marshall County Attorney