Date:
04/21/2022
Subject:
Kevin Wymore/Cedar Rapids Review Board - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Kevin Wymore, Complainant And Concerning: Cedar Rapids Citizen Review Board, Respondent |
Case Number: 22FC:0013
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 February 28, 2022, Kevin Wymore filed formal complaint 22FC:0013, alleging that the Cedar Rapids Citizen Review Board (Board) violated Iowa Code chapter 21 on January 20, 2022.1
Mr. Wymore alleged that the Board violated open meetings laws by taking action upon the selection of new members to fill vacancies on the Board without noting such action on the meeting agenda.
In response to the complaint, legal counsel noted that the Board could not deliberate or take action upon the selection of Board members because the Board does not appoint its own Board members.
Legal counsel explained that the Board was created by the Cedar Rapids Municipal Code, section 74.02(A)(4) which provides that the Board has nine voting members “appointed by the Mayor with input from and approval of the City Council.” This same process is outlined in Article II, Section I and Article II, Section III of the Board’s by-laws.2
The Cedar Rapids city council has the authority to confirm the appointment of the members of the Board, which they did on January 25, 2022. Copies of the city council agenda and minutes listed as item 27 “Resolutions appointing the following individuals: a. Appointing Tim Countryman (effective through June 30, 2022) and Allonda Pierce (effective through June 30, 2023) to the Cedar Rapids Citizen Review Board.” The minutes note that the agenda item was approved in the open city council meeting.
Iowa Code section 21.2(2) provides this definition of a meeting:
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.
Additionally, Mr. Wymore alleged that during the December 8th or 10th meetings in 20213, a comment was made that there were going to be two vacancies on the Board. Since the appointment of Board members is not within the “scope of the governmental body’s policy-making duties”, this was not an item that the Board could deliberate or take action upon. Even if these meetings had occurred within the 60 day jurisdictional time frame that limits IPIB jurisdiction, there was no violation of Chapter 21.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint does not meet the necessary requirements for acceptance.
IT IS SO ORDERED: Formal complaint 22FC:0013 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
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Margaret E. Johnson, J.D.
1. Mr. Wymore also included a December 10, 2021, Board meeting with his complaint. However, that meeting occurred more than 60 days prior to the filing of this complaint, exceeding the IPIB jurisdictional limitation set by Iowa Code section 23.7(1). This Order will focus on the allegation of a violation of open meetings at the January 20, 2022, meeting.
2. Copies of these documents were provided with the response.
3. Mr. Wymore initially indicated that a violation occurred at the December 10, 2021, meeting. In a later communication, he referenced a December 8, 2021, meeting. Copies of both agendas and minutes were reviewed for possible violations. The December 8, 2021, minutes included this language: “Chair Star Smith announced there are currently two vacancies on the board due to recent resignations.”
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of April, 2022, to:
Kevin Wymore
Elizabeth Jacobi, legal counsel for the Cedar Rapids Citizen Review Board