Date:
11/18/2021
Subject:
Thomas and Becky Ehlts/Amana Colonies Land Use District - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Thomas and Becky Ehlts, Complainants And Concerning: Amana Colonies Land Use District, Respondent |
Case Number: 21FC:0097 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 October 7, 2021, Thomas and Becky Ehlts filed formal complaint 21FC:0097, alleging that the Amana Colonies Land Use District (ACLUD) violated Iowa Code chapters 21 and 22.
The Ehlts alleged that the ACLUD held a meeting on September 13, 2021, and during that meeting, they discussed the Ehlts’ permit requests. They alleged that the ACLUD did not send notice to them or inform them that the permits would be included on the agenda. They consider this a violation of Iowa Code chapter 21.
Following this meeting, the Ehlts alleged that they contacted the ACLUD administrator and requested to be included on the agenda for an upcoming meeting on September 28, 2021. At that time, they were informed that the next meeting was a closed meeting.
The Ehlts alleged that they checked the ACLUD website on September 28, 2021, and noticed that the meeting was now listed as an open meeting. They stated that they again had not been personally notified of this change and that this was an additional violation of Iowa Code chapter 21.
In addition, the Ehlts alleged that the ACLUD violated Iowa Code chapter 22 by failing to provide a copy of the meeting minutes from the September 13, 2021, meeting. They alleged that they verbally asked for this record on September 28, 2021. Ms. Ehlts later acknowledged that she received an email with the minutes at 3:15 p.m. that same day.
They requested that the IPIB:
- strongly encourage ACLUD to post all meetings in a public place at least 7 days prior to the scheduled meeting,
- require all subject matters/people to be discussed added to the ACLUD agenda,
3) provide subjects/people on the agenda a specific time frame of notification, and
4) make all Meeting Minutes public within a specified time frame.
On October 14, 2021, legal counsel for the ACLUD responded to this complaint. Counsel stated that the ACLUD is considered to be a governmental/government body bound by the open meetings and public records laws.1
Counsel stated that the September 13, 2021, meeting was properly noticed pursuant to Iowa Code sections 21.4(1) and (2). Notice was posted more than 24 hours prior to the meeting at the ACLUD office, on the community bulletin board at the Amana Society main office, on the ACLUD website, and on the ACLUD Facebook page. The initial notice was modified by a revised agenda, which she stated was also posted prior to the 24 hour statutory requirement.2
Legal counsel stated, and the minutes confirmed, that the Ehlts request for a certificate of zoning compliance was not on the agenda and that no action was taken on September 13, 2021.3
Counsel stated that the notice for the September 28, 2021, special meeting was posted “on or about” September 21, 2021. The September 13, 2021, meeting minutes stated that the special meeting was intended to be a personnel review, therefore, “it should be held in closed session.” Counsel stated this was changed when the administrator resigned and a closed session was not required.4
Becky Ehlts replied to the comments made by the ACLUD legal counsel on October 19, 2021. In her reply she stated that the revision to the September 28, 2021, meeting was not made 24 hours in advance. In addition, she stated that the previous administrator had informed her that their request had been denied by the ACLUD at the September 13, 2021, meeting.
Ms. Ehlts also alleged that she was informed by the same person that public comments would not be allowed at the September 28, 2021, special meeting. She questioned whether 24 hours notice was adequate and should be extended by the ACLUD. She also questioned why the ACLUD no longer records meetings and whether public comments must be allowed.5
Iowa Code sections 21.4(1)(a) and (2)(a) outline the requirements for public notice of a meeting:
21.4 Public notice.
1. a. Except as provided in subsection 3, a governmental body shall give notice of the time, date, and place of each meeting including a reconvened meeting of the governmental body, and the tentative agenda of the meeting, in a manner reasonably calculated to apprise the public of that information. Reasonable notice shall include advising the news media who have filed a request for notice with the governmental body and posting the notice on a bulletin board or 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, or if no such office exists, at the building in which the meeting is to be held.
2. a. Except as otherwise provided in paragraph “c”, notice conforming with all of the requirements of subsection 1 shall be given at least twenty-four hours prior to the commencement of any meeting of a governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given.
Iowa Code section 21.7 allows a governmental body to adopt rules for the conduct of a meeting, including whether members of the public may speak:
21.7 Rules of conduct at meetings.
The public may use cameras or recording devices at any open session. Nothing in this chapter shall prevent a governmental body from making and enforcing reasonable rules for the conduct of its meetings to assure those meetings are orderly, and free from interference or interruption by spectators.
Iowa Code chapter 21 does not require a governmental body to post notice more than 24 hours prior to a meeting, does not require notice to be posted in multiple locations, and does not require that special notice be provided to individual members of the public or those with matters listed on the agenda. There is no statutory requirement in Iowa Code chapter 21 that mandates a public comment period during a meeting.
The issue of the Ehlts’ permit request was listed on the October 26, 2021, meeting agenda. They were advised by email of this on October 19, 2021. The Ehlts provided responses for the meeting on October 21, 2021, but did not attend this meeting in person. The ACLUD voted to request an amendment to the permit request and to postpone other issues to a future meeting when the Ehlts were able to appear.
The records requested by the Ehlts on September 28, 2021, were provided later that same day. This is not an unreasonable delay.
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:0097 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 November 18, 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, J.D.
1. Because of this acknowledgement of IPIB jurisdiction, the IPIB does not evaluate whether the definition of a ‘governmental body’ pursuant to Iowa Code section 21.2(1) applies to the ACLUD.
2.Copies of this information were included in the response. Links were also provided to the website and the Facebook page. A review of the Facebook page shows a September 7, 2021, post with a link to the Zoom meeting. The ACLUD website provided copies of meeting minutes. The revisions to the September 13, 2021, agenda did not involve the Ehlts request. The minutes only note, in the President’s report, that he had received calls concerning the Ehlts property, which legal counsel was addressing.
3. The zoning request is also not included in the September 28, 2021, or in the October 13, 2021, meeting minutes. The matter is listed on the October 26, 2021, meeting agenda.
4. Counsel stated that the ACLUD does provide specific notice to anyone who has a matter listed on an agenda, even though this is not required by statute. Counsel added that the matter most likely would be on the agenda for the next regular meeting on October 26, 2021.
5. Ms. Ehlts provided names of ACLUD members in attendance at the September 13, 2021, meeting that would confirm that their permit request was mentioned at the meeting. The text message she provided from Dawn Rutledge stated, in part: “Hey! You just got brought up at the ACLUD meeting. They are going to talk to you tomorrow about getting a change of use permit and a project completion certificate before they will give you a sign permit.”
CERTIFICATE OF MAILING
This document was sent on the ___ day of November, 2021, to:
Thomas and Becky Ehlts
Laura Bergus, legal counsel for the Amana Colonies Land Use District