Date:
07/21/2022
Subject:
Janet Wilson/Tama County Board of Supervisors - Order to Consolidate & Dismiss
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Janet Wilson, Complainant And Concerning: Tama County Board of Supervisors, Respondent |
Case Numbers: 22FC:0051, 22FC:0052, 22FC:0055, 22FC:0057 Order to Consolidate and Dismiss |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Order to Consolidate and Dismiss.
Janet Wilson filed four separate complaint alleging that the Tama County Board of Supervisors (Board) violated Iowa Code chapter 21:
- 22FC:0051: Filed on May 27, 2022, and alleged that on May 2, 2022, the Board chair told the public that they were not allowed to record the Board meeting.
- 22FC:0052: Filed on May 27, 2022, and alleged that on April 25, 2022, the Board held a meeting at a location that was not reasonably accessible in that there was standing room only and no microphones available for speakers. The Board also did not audio record the meeting.
- 22FC:0055: Filed on June 1, 2022, and alleged that on May 13, 2022, the Board failed to allow a citizen group, Tama County Against Turbines (TCAT), to be on the May 16, 2022, agenda after initially telling TCAT that the group would be on the agenda.
- 22FC:0057: Filed on June 2, 2022, and alleged that on May 9, 2022, the Board held a workshop and did not prepare minutes. In addition, it was alleged that the auditor was not present.
Legal counsel responded to the complaints as follows:
- 22FC:0051: Legal counsel reviewed a social media post that shows the Board chair commenting: "I'm going to ask that you not use the cameras and cell phones because if KCRG wants some information they should have a court reporter here and also ask a little bit of tolerance for other folks and to may be more respectful than it was last week. I'm not talking to everybody but, you know there was a few when Katherine was in, she got shouted down and that was inappropriate.. I don't want that sort of thing to happen today. If you would abide by those requests, I would appreciate it.”1 He also noted that the auditor takes the minutes during Board meetings and sends them for publication after the Board approves them.
- 22FC:0052: Legal counsel noted that the Board routinely meets in the Board meeting room in the Tama County Administrative Building. The room is 201 square feet with seating for 45 members of the public to attend. He added that the Board did not expect the number of people that attended that day, which was estimated to be around 90 people. Those present who wished to comment on the wind turbine issue were allowed to do so. No action was taken by the Board on the issue. The meeting began at 9:45 a.m. and ended at 10:25 a.m.
- 22FC:0055: Legal counsel responded to this complaint by stating that TCAT was asked on May 9, 2022, about appearing on the May 16, 2022, agenda as a specific agenda item. A representative of TCAT contacted the Board on May 13, 2022, to indicate that they wanted to be on the agenda. However, the agenda had already been prepared and posted for the May 16, 2022, meeting when TCAT contacted the Board. The Board regularly meets on Monday mornings and posts the meeting agenda on Friday mornings to meet the 24 hour statutory requirement for posting an agenda (not counting weekends when the county buildings are closed). TCAT was allowed to present comments during the public comment period of the meeting.
- 22FC:0057: Legal counsel responded to this complaint by noting that Iowa Code chapter 21 requires that governmental bodies take and keep minutes of meetings, but does not direct the auditor to be present at meetings. The auditor normally does not attend the work session held before the meeting, as no action occurs during that portion of the meetings. The public is allowed to attend the work session. The auditor joins the Board meetings for that portion of the agenda that contemplates Board action. The auditor takes hand-written notes which are available as public records for two to three years after each meeting.
Additional allegations were included in the complaints, such as the Board does not record and publish audio/video footage of its meetings, the Board does not put Board documents on its website, and the Board does not provide more than 24 hours notice of its meetings. None of these allegations are violations of Iowa Code chapter 21.
Iowa Code section 21.7 states that the public has the right to record a meeting. The governmental body may, however, establish reasonable rules for the conduct of a meeting:
21.7 Rules of conduct at meetings.
The public may use cameras or recording devices at any open session. Nothing in this chapter shall prevent a governmental body from making and enforcing reasonable rules for the conduct of its meetings to assure those meetings are orderly, and free from interference or interruption by spectators.
The Board could not prohibit the public from recording the May 2, 2022, meeting. The Board can provide for the orderly conduct of a meeting by providing reasonable rules for recording the meeting, such as requesting that the public not disrupt
It does not appear that the Board prohibited the public from recording the meeting. Recordings of various parts of that meeting were posted on Facebook. One member of the Board asked that the public be respectful of others at the meeting and not use cameras and cell phones during the meeting. A majority of the Board did not vote to prohibit any recordings as an official Board action.
Iowa Code section 21.4(1)(b) requires that public meetings be held at a place reasonably accessible to the public:
21.4(1)(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.
The statute requires that a meeting be reasonably accessible. Even though the Board did not anticipate the level of community interest, the meeting was held to allow the public to present comments to the Board.
Iowa Code section 21.7 allows a governmental body to set its agenda. Iowa Code section 21.4(2)(a) requires at least 24 hours notice prior to the meeting of a governmental body:
2. a. Except as otherwise provided in paragraph “c”, notice conforming with all of the requirements of subsection 1 shall be given at least twenty-four hours prior to the commencement of any meeting of a governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given.
It was not a violation of Iowa Code chapter 21 for the Board to determine that TCAT would not be on the agenda for the May 16, 2022, Board meeting when the Board was not informed that TCAT wanted to be on the agenda before the notice was properly posted.2
Iowa Code section 21.3 requires a governmental body keep minutes of its meetings:
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.
There is no evidence that the meeting minutes of the meetings in question did not meet these requirements. Minutes for the meetings on April 25, May 2, May 9, and May 16, 2022 are all available on the Tama County website. (See https://tamacounty.iowa.gov/boardsup.html.)
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. These complaints do not meet those requirements.
IT IS SO ORDERED: Formal complaints 22FC:0051, 22FC:0052, 22FC:0055 and 22FC:0057 are consolidated and 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.
1. IPIB staff reviewed a Facebook post posted on May 10, 2022, by Kathy Harkema. This transcription of the statement made appears accurate.
2. TCAT stated that they tried unsuccessfully to tell the Board that they did want to be on the agenda, but that the Board’s website was inaccessible for a couple of days. There is no claim that the Board could not be reached by alternate methods, such as by telephone, email, or in person during that period of time.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of July, 2022, to:
Janet Wilson
Carlton Salmons, legal counsel for the Tama County Board of Supervisors