Date:
01/20/2022
Subject:
Becky Ehlts/Amana Colonies Land Use District - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Becky Ehlts, Complainant And Concerning: Amana Colonies Land Use District, Respondent |
Case Number: 21FC:0117
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 December 9, 2021, Becky Ehlts filed formal complaint 21FC:0117, alleging that the Amana Colonies Land Use District (ACLUD) violated Iowa Code chapter 22.
Ms. Ehlts alleged that on November 4, 10, 12, and December 9, 2021, she requested copies of “Change of Use” permits from the ACLUD. She added that she also made a verbal request for these records at a meeting on November 22, 2021. She alleged that she received copies of rezoning applications instead.
She also alleged that she has requested copies of ACLUD meeting minutes that indicate a vote by the ACLUD Historic Preservation Commission (HPC) or the Board of Trustees (BOT) that allowed ACLUD to rezone a specific property without a public hearing. These records were requested on November 16 and December 9, 2021.
Legal counsel for the ACLUD responded to the complaint on December 16, 2021. Counsel noted that the ACLUD “operates as a ‘governmental body’ that is bound by Iowa’s open meetings and public records laws, although the District understands the Iowa Public Information Board has not evaluated the applicability of Iowa Code Chapters 21 and 22 to the District.”
Counsel also stated that the records requested by Ms. Ehlts do not exist:
More specifically, as to the first request, no Change of Use permits were issued for the Millwright Hotel. Ms. Ehlts was provided with copies of the request for rezoning and approval, which also approved the change in use of the property. No separate permits were issued.”
Counsel added that there “was no such meeting, so there are not minutes of such a meeting.”
Ms. Ehlts replied on December 17, 2021. She noted that she was not informed of the information provided by legal counsel until she received the December 16, 2021, response from legal counsel. She noted that had she been informed of this at the time of her initial record request of November 4, 2021, or soon after, she would not have “continued to request them.”
Ms. Ehlts also provided additional comments concerning the procedures followed by the ACLUD in the rezoning/reuse of the Millwright Hotel. She stated that the procedures used by ACLUD in rezoning do not comply with Iowa laws. This issue is not a Chapter 21 or 22 issue and is therefore beyond the authority of the IPIB to determine.1
The issues raised by this complaint do not establish a violation of open meetings or public records laws. However, it is clear that the ACLUD, had it responded to Ms. Ehlts earlier, could have avoided the filing of this complaint.2
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:0117 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
1. Iowa Code section 23.1 grants the IPIB the authority to “ provide an alternative means by which to secure compliance with and enforcement of the requirements of chapters 21 and 22….”
2. The IPIB will adopt the position of the ACLUD that it is a governmental/government body for the purposes of this Order.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of January, 2022, to:
Becky Ehlts
Laura Bergus, legal counsel for the Amana Colonies Land Use District