Date:
01/20/2022
Subject:
Ellen Heather/Mitchellville Library Board - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Ellen Heather, Complainant And Concerning: Mitchellville Library Board, Respondent |
Case Number: 21FC:0110
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 November 23, 2021, Ellen Heather filed formal complaint 21FC:0110, alleging that the Mitchellville Library Board (Board) violated Iowa Code chapter 21.
Ms. Heather alleged that on November 24, 2021, the Board president sent a text message and an email to her and all Board members. Copies of the text and email were provided to the IPIB. The text message was sent to six people and stated that the sender, Joan Allsup, planned to raise specific questions at the meeting.
The email was from the same individual, sent to Ms. Heather and copied to others, and again listed the three questions she planned to raise at the Board meeting. The sender asked Ms. Heather to prepare to answer her questions and prepare information for the meeting. There is no indication that anyone responded to the text or to the email. Neither communication requested a response.
An affidavit was provided by Ms. Allsup stating that the email and text were mistakenly sent to all Board members. She added that she did not receive any responses from Board members.
Iowa Code section 21.2(2) defines a meeting for the purposes of compliance with open meetings laws:
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 the information provided by the parties, there is no evidence that a majority of the Board gathered and deliberated or took action on November 23, 2021. One member of a governmental body sending information to other members is not a gathering of the majority.
Had a majority responded to the text or email and engaged in deliberation or took action, then a meeting might have occurred. It is prudent for governmental bodies to advise members to avoid engaging in deliberation through electronic means such as text or email without following the requirements of an electronic meeting set forth in Iowa Code section 21.8.
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:0110 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 January 20, 2022. 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
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of January, 2022, to:
Ellen Heather
Amy Beattie, legal counsel for the Mitchellville Library Board