Date:
04/21/2022
Subject:
Beth Ann Vogt/Crawford Co, E911 Board & Crawford Co. Firefighters Assn - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Beth Ann Vogt, Complainant And Concerning: Crawford County E911 Board and Crawford County Firefighters Association, Respondents |
Case Number: 22FC:0009 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On February 18, 2022, Beth Ann Vogt filed formal complaint 22FC:0009, alleging that the Crawford County E911 Board (E911 Board) and the Crawford County Firefighters Association (CCFA) each violated Iowa Code chapter 22 at a joint gathering on February 8, 2022.
On March 8, 2022, Ms. Vogt expanded her complaint to include a second violation occurring on March 7, 2022, during a meeting of the E911 Board.
Ms. Vogt alleged the February 8, 2022, violation occurred when some members of the E911 Board met with the CCFA and listed an agenda item entitled “Any Other Business From the Floor”. She also alleged that during that gathering another violation occurred when “discussion of public funds being discussed and decisions being made upon that discussion at the most recent CCFA meeting by members of the Crawford County E911 Board whom [sic] also have membership with the CCFA.”
On March 8, 2022, Ms. Vogt alleged that the E911 Board agenda had an item entitled “other pertinent items” on its agenda for a meeting on March 7, 2022. She alleged this was also a violation of Iowa Code chapter 21 as the agenda item was too vague.
Legal counsel for the E911 Board responded to the first complaint on March 1, 2022. He stated that the E911 Board has 15 voting members, of which only two were present. Therefore, a meeting of the E911 Board did not occur on February 8, 2022, as a quorum was not present.1
As to the second complaint, legal counsel stated that the agenda item was used to allow public comments and not as an action item. He stated that he would advise the E911 Board to use a more descriptive phrase such as “Public Comments” on future agendas and to take no action on matters raised by the public.
Iowa Code chapter 21 only applies to groups that meet the definition of a “governmental body”. It does not appear that CCFA would be a governmental body pursuant to the statutory definition outlined by Iowa Code section 21.2(1):
1. “Governmental body” means:
a. A board, council, commission, or other governing body expressly created by the statutes of this state or by executive order.
b. A board, council, commission, or other governing body of a political subdivision or tax-supported district in this state.
c. A multimembered body formally and directly created by one or more boards, councils, commissions, or other governing bodies subject to paragraphs “a” and “b” of this subsection.
d. Those multimembered bodies to which the state board of regents or a president of a university has delegated the responsibility for the management and control of the intercollegiate athletic programs at the state universities.
e. An advisory board, advisory commission, or task force created by the governor or the general assembly to develop and make recommendations on public policy issues.
f. A nonprofit corporation other than a fair conducting a fair event as provided in chapter 174, whose facilities or indebtedness are supported in whole or in part with property tax revenue and which is licensed to conduct pari-mutuel wagering pursuant to chapter 99D or a nonprofit corporation which is a successor to the nonprofit corporation which built the facility.
g. A nonprofit corporation licensed to conduct gambling games pursuant to chapter 99F.
h. An advisory board, advisory commission, advisory committee, task force, or other body created by statute or executive order of this state or created by an executive order of a political subdivision of this state to develop and make recommendations on public policy issues.
i. The governing body of a drainage or levee district as provided in chapter 468, including a board as defined in section 468.3, regardless of how the district is organized.
j. An advisory board, advisory commission, advisory committee, task force, or other body created by an entity organized under chapter 28E, or by the administrator or joint board specified in a chapter 28E agreement, to develop and make recommendations on public policy issues.
In formal complaint 19FC:0101, the IPIB discussed whether the CCFA should be considered a “government body” as defined by Iowa Code section 22.1(1) under the analysis used by the Iowa Supreme Court in the Gannon v. Board of Regents, 692 N.W.2d 31 (Iowa 2005) decision. In Gannon, a non-profit was considered a government body for the purpose of Chapter 22 due to the “symbiotic relationship” between Iowa State University and a non-profit foundation.
However, the definition of a “governmental body” is more specific. A non-profit becomes a governmental body only when conducting activities pursuant to Iowa Code chapter 99D or 99F. CCFA would not meet the definition of a “governmental body”, and is not required to follow Iowa Code chapter 21.
A meeting is defined by Iowa Code section 21.2(2):
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.
As noted earlier, there was not a meeting of the E911 Board on February 8, 2022, as a majority of its members were not present. Therefore, for the reasons stated above, there was no violation of Iowa Code chapter 21 by either group on February 8, 2022.
The definition of a meeting also requires “deliberation or action” to be taken on an agenda item. No information was provided to substantiate that action was taken on the agenda item from the March 7, 2022, E911 Board meeting. Therefore, the second part of this complaint is legally insufficient.3
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 22FC:0009 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 April 21, 2022. 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, J.D.
1.Counsel also noted that no action was taken by either organization on the listed agenda item.
2. On April 16, 2020, the IPIB dismissed the complaint without a finding of probable cause. There was no finding that the CCFA was a “government body” as defined by Iowa Code chapter 22.
3. Ms. Vogt raised an issue concerning the use of proxies at an E911 Board meeting. Legal counsel provided information on that issue directly to Ms. Vogt. This is not an issue within the jurisdiction of the IPIB.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of April, 2022 to:
Beth Ann Vogt
Colin Johnson, Crawford County Attorney