Date:
07/21/2022
Subject:
Roger Motz/Rand Peterson Levee District - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Roger Motz, Complainant And Concerning: Rand Peterson Levee District, Respondent |
Case Number: 22FC:0048
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.
Roger Motz filed formal complaint 22FC:0048 on May 23, 2022, alleging that the Rand Peterson Levee District (District) violated Iowa Code chapter 21.
Mr. Motz alleged that on March 28, 2022, at 8:30 a.m., the District held a meeting at a time and location that was not reasonably accessible to the public and did not provide proper notice. He also alleged that the meeting minutes are not sufficient under Iowa law.1
In particular, Mr. Motz alleged that meetings are not “reasonably accessible” to the public because the meetings are held at the Missouri Valley Grain, Inc., business in Missouri Valley, Iowa. This is a private business located outside the District boundary where the District clerk and one District trustee work.
Mr. Motz alleged that the building location is too small to hold a meeting and that the parking lot is not paved. He added that there are steps and a steep incline that would be difficult for him to navigate. He also alleged that meetings are held during the workday, between 7:30 a.m. and 4 p.m., rather than in the evening or on Saturdays.
Concrning notice, Mr. Motz alleged that notice is only posted at the Missouri Valley, Iowa, post office. He also alleged that the minutes of the January 25, 2022, meeting failed to meet the requirements of Iowa Code chapter 21. He provided a copy of the January 25, 2022, meeting minutes.
On June 9, 2022, the District retained legal counsel. Legal counsel responded to the complaint on June 24, 2022. Counsel noted that only the March 28, 2022, meeting is within the IPIB jurisdiction. Counsel also stated that the objections noted in the complaint that referenced Iowa Code chapter 468 are beyond the jurisdiction of the IPIB.2
Legal counsel acknowledged that the District is a governmental body as defined by Iowa Code section 21.2(1)(i): 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.
In response to the allegations concerning the meeting location, legal counsel noted that Iowa Code chapter 21 does not specify a specific location, but only one that is “reasonably accessible to the public and at a time reasonably convenient to the public…” She provided photos and maps that showed that the location of the building is “reasonably accessible” and that the meeting time of 8:30 a.m. is not unusual for a governmental body to meet.
Legal counsel stated that no one had notified the District that the three steps to enter the building made it inaccessible. She added that Iowa Code chapter 21 does not prohibit the use of a commercial space for a meeting nor does it require that levee districts hold a meeting within the boundaries of its district.3
Notices for meetings are posted at the Missouri Valley Post Office on a board used for the posting of meeting notices. Notices are also posted at the Modale Post Office and at the meeting location at least 24 hours prior to each meeting. Notice is also posted on the District Facebook page.
A copy of the meeting minutes for the March 28, 2022, meeting was provided. Similar to the January minutes, the clerk did not indicate how each member present voted. Only the person who made and the person who seconded each motion was noted, along with a notation that the action was “approved.”
Legal counsel noted that the District clerk notes if someone does not vote affirmatively and that the District trustee who serves as chair does not vote. Since there are only three trustees, legal counsel argued that the minutes do show the vote of those present by indicating approval.
Mr. Motz sent two replies dated June 6, 2022, and July 6, 2022. He stated that moving the meetings to Modale, Iowa, would be preferable, even offering to pay any rent. He also expressed concerns that he would be trespassing if he visited the current location.4
Iowa Code section 21.4(1)(b) states:
b. Each meeting shall be held at a place reasonably accessible to the public and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impracticable. Special access to the meeting may be granted to persons with disabilities.
No other requirements are provided by Iowa Code chapter 21. It is not unreasonable for a governmental body to hold a meeting in a location other than the business office of the governmental body. Levee districts, in particular, frequently do not have a physical location within the district and must meet at courthouses, in city buildings, libraries, schools, and private business or homes. As long as the public is not excluded, Iowa Code chapter 21 does not prohibit this.
It is also not required by Iowa Code chapter 21 to hold a meeting at a specific hour or day of the week. Many governmental bodies hold meetings during a weekday. It is not unreasonable to hold a meeting at 8:30 a.m. The District also offered to provide an alternate location or means of accessing its meetings if the public needs accommodations to enter the current meeting location.
Iowa Code section 21.4(1)(a) requires that notice be posted “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.”
Section 21.4(2)(a) requires that notice be given “at least twenty-four hours prior to the commencement of any meeting of a governmental body….” Notice was posted at the meeting location, along with other publicly accessible bulletin boards at post offices. The information provided does not support an allegation of a violation of the notice requirements.
Iowa Code section 21.3 requires a governmental body to keep meeting 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.
The minutes provided for review of the January 2022 and March 2022 meetings are not as clear as required by Iowa Code. It is preferable that the minutes show the “vote of each member present” or use language such as “unanimous approval” to specifically show that there were no dissenting votes.
The District has changed the way it keeps minutes. The June 9, 2022 meeting minutes noted votes with the language “unanimous approval”, which is “information sufficient to indicate the vote of each member present” as required by Iowa Code section 21.3.5
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. With the change in the keeping of minutes, this complaint does not meet these requirements.
IT IS SO ORDERED: Formal complaint 22FC:0061 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
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Margaret E. Johnson, J.D.
1. Mr. Motz alleged that the violations he cited also occurred at meetings held more than 60 days prior to the filing of this complaint. Iowa Code section 23.7(1) limits the IPIB’s jurisdiction to no more than 60 days. These complaints are beyond the IPIB jurisdiction.
2. Iowa Code section 23.1 limits IPIB jurisdiction to matters arising from open meetings and public records laws (chapters 21 and 22).
3.As an example, she noted that the levee district to the south, Desoto NWR Drainage District, holds its meetings at the Pottawattamie County board of supervisors room in Council Bluffs, Iowa. Most levee districts do not own buildings within the levee district, making it necessary to hold meetings at other locations. The District clerk and one trustee work at this location and maintain the District records there. There are also computers and other equipment available at this location. The District is not charged for the use of this space.
4. He also made additional comments that were not germane to this complaint.
5. In the June 24, 2022, response, legal counsel referenced the Iowa Supreme Court decision in KCOB/KLVN, Inc. v. Jasper County Bd. of Sup’rs., 473 N.W.2d 171 (Iowa 1991), in which the Court stated that compliance should be “substantial” rather than “absolute.” However, this change makes it very clear how each member voted and should be continued.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of July, 2022, to:
Roger Motz
Sarah Kleber, legal counsel for the Rand Peterson Levee District