Date:
09/15/2022
Subject:
Ida Van Scyoc/Fremont County Board of Supervisors - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Ida Van Scyoc, Complainant And Concerning: Fremont County Board of Supervisors, Respondent |
Case Number: 22FC:0067
Dismissal Order
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This matter comes before the Iowa Public Information Board (IPIB) this 15th day of September, 2022, to consider the Dismissal of Formal Complaint 22FC:0067.
On July 12, 2022, Ida Van Scyoc filed formal complaint 22FC:0067 alleging the Fremont County Board of Supervisors (Board) violated Iowa Code chapter 21 by holding a gathering of a majority of members of the Board to conduct public business.
The alleged violation occurred following a regular Board meeting on July 6, 2022. One of the topics of discussion at that meeting was the construction of wind turbines. During the meeting setback maps were displayed. Ms. Van Scyoc commented during the meeting that information on the maps was inaccurate.
Following the conclusion of the meeting and after she had left the meeting room, Ms. Van Scyoc realized her comments during the meeting were inaccurate. In an attempt to correct her earlier comments, she re-entered the meeting room with another citizen.
Ms. Van Scyoc found two of the three supervisors present and speaking on a speakerphone to the company constructing the wind turbines. She alleges that one of the supervisors “made waving motions” at her which she interpreted as a gesture for the two of them to leave the meeting room.
Following this interaction, Ms. Van Scyoc filed a complaint with the IPIB.
In response to the complaint, counsel for the Board confirmed that one supervisor did call the company behind the wind turbine construction following the July 6, 2022, meeting. The purpose of the call was to inquire about the issues raised by Ms. Van Scyoc during the meeting. A second supervisor was present during the phone call which was held on speakerphone.
Counsel for the Board stated that Ms. Van Scyoc and the other citizen were not asked to leave the room. The gesture made by one supervisor was done in an attempt to get Ms. Van Scyoc and the other citizen to stop talking, as the two supervisors could not hear the phone call. At no time was this considered a closed meeting. During the regular meeting it was announced to all in attendance, including Ms. Van Scyoc, that the Board was going to call the company to get answers about the questions being raised.
Iowa Code section 21.2(2) defines a meeting as:
“...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.”
While a majority of Board members were present following the July 6, 2022, meeting, the actions appear to constitute harmless error. Ms. Van Scyoc and all those in attendance were made aware that the Board would be contacting the company following the meeting. There was no intent to circumvent the open meetings laws.
Iowa Code section 28.8 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:0067 is dismissed as harmless error pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
By the Iowa Public Information Board on September 15, 2022:
________________________________
CHAIR
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of September, 2022, to:
Ida Van Scyoc
Ryan Dale, assistant Fremont County Attorney