Date:
10/21/2021
Subject:
Rebecca Wilkerson/Harrison County Auditor - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Rebecca Wilkerson, Complainant And Concerning: Harrison County Auditor, Respondent |
Case Number: 21FC:0098 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 8, 2021, Rebecca Wilkerson filed formal complaint 21FC:0098, alleging that the Harrison County Auditor (Auditor) violated Iowa Code chapter 22.
Ms. Wilkerson alleged the following violations:
Susan Bonham has not been publishing the minutes of the Supervisor’s board meetings in the newspaper or on the website in a timely fashion as required by Iowa Code 349.18 3a. This has been going on since January 2021 and when questioned about it at the September 30th supervisor’s meeting Susan refused to answer why she could not send them to the website at the same time that she emails them to the newspaper. I have this on a digital voice recorder. Susan is also not publishing the board agenda anywhere except outside the supervisor’s door and she sends it to the newspaper. If you can’t go to the courthouse or don’t subscribe to the paper, it is hard to get the agenda to know if you need to be at the meeting or not.1
As noted by Ms. Wilkerson, the requirements for publication of proceedings of the board of supervisors are addressed in Iowa Code section 349.18. The IPIB is charged with enforcing the requirements of Iowa Code chapters 21 and 22.
Iowa Code chapters 21 and 22 do not address publication location and timing. Therefore, the IPIB does not have jurisdiction over this allegation.
The other violations alleged include the posting of the notice. Iowa Code section 21.4 (1)(a) states that notice of a meeting must be posted “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.”
The complaint alleged that the Auditor posted notice on the supervisors’ door. This is adequate posting pursuant to Iowa law. While it would certainly provide more exposure to post notice and agendas on a website, this is 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 meet those requirements.
IT IS SO ORDERED: Formal complaint 21FC:0098 is dismissed as beyond the jurisdiction of the IPIB, 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 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
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Margaret E. Johnson, J.D.
1. Although the complaint alleged a violation of Iowa Code chapter 22 (public records laws), Iowa Code chapter 21 (open meetings laws) offers guidance on notice and posting issues, so both chapters were reviewed.
CERTIFICATE OF MAILING
This document was sent on the ___ day of October, 2021, to:
Rebecca Wilkerson
Susan Bonham, Harrison County Auditor
Jennifer Mumm, Harrison County Attorney