22FC:0042 Chris Behrens/Tama County Board of Supervisors - Dismissal Order

Date:
07/21/2022

Subject:
Chris Behrens/Tama County Board of Supervisors - Dismissal Order

Opinion:

The Iowa Public Information Board

COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.

Chris Behrens filed formal complaint 22FC:0042 on May 18, 2022, alleging that the Tama County Board of Supervisors (Board) violated Iowa Code chapters 21 and 22 on April 22, 2022.

Mr. Behrens alleged that the Board held a meeting on that date without the proper posting of notice and an agenda.  He also alleged that the Board did not grant a request to be on the agenda and did not keep minutes of the meeting.

Legal counsel for the Board responded to the complaint on May 27, 2022, and on June 1, 2022.  Included in the responses was a letter from the county auditor, noting that a notice was posted on the bulletin board outside the Board offices on April 21, 2022, at 10:45 a.m.

Because the meeting notice did not include an agenda item to allow for a discussion with legal counsel, the April 22, 2022, meeting was canceled.  Because the meeting was canceled, no minutes were prepared.  

Iowa Code section 21.4 requires that notice be posted at least 24 hours prior to the beginning of a meeting “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.”

Iowa Code section 21.7 allows a governmental body to establish reasonable rules of conduct for a meeting.  This includes determining whether someone is allowed to be on the meeting agenda.

Iowa Code section 21.3 requires the keeping of minutes, but does not require the posting of these minutes:

Each governmental body shall keep minutes of all its meetings showing the date, time and place, the members present, and the action taken at each meeting. The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session. The minutes shall be public records open to public inspection.

Because the meeting was canceled, no minutes were required.  The posting of the notice and agenda met the requirements of Iowa Code chapter 21.  

The meeting was canceled.  Canceling a meeting is not a violation of Iowa Code chapter 21, and, in fact, is what should be done if the agenda does not include necessary agenda items or if there are notice irregularities.

There are no violations of Iowa Code chapters 21 and 22 alleged in this complaint.

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:0042 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 July 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.
 

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of July, 2022, to:

Chris Behrens

Carlton Salmons, legal counsel for the Tama County Board of Supervisors