Date:
11/17/2022
Subject:
Kate Zimmerman/Ringgold County - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Kate Zimmerman, Complainant And Concerning: Ringgold County, Respondent |
Case Number: 22FC:0086
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.
Kate Zimmerman filed formal complaint 22FC:0086 on August 23, 2022, alleging that Ringgold County (County) violated Iowa Code chapters 21 and 22.
Ms. Zimmerman alleged:
“Two Ringgold County Board of Supervisors…attended a Special Meeting held by the City of Mount Ayr on August 3rd creating a quorum without the Ringgold County Auditor…present as proven by the official City Hall minutes published on August 11th in the Mount Ayr Record News. At the Board of Supervisors meeting on August 22nd - it was also confirmed by Supervisor Knapp that Auditor Waske was not present for the quorum during the August 3rd meeting at Mount Ayr City Hall.”
No information was provided to allege any violation of Chapter 22, public records laws.
The Ringgold county attorney responded to the complaint on September 6, 2022. He acknowledged that two of the three supervisors were present at the meeting. He added that while the two supervisors were present, their attendance did not constitute a meeting of the supervisors as defined by Iowa Code.
The county attorney described their attendance as ministerial in nature. The City of Mount Ayr is considering the construction of a new swimming pool. The agenda and the minutes for the city council meeting indicated that the purpose of the meeting was “informational only.”
At the August 3, 2022, city council meeting, the city financial advisor provided information about potential funding and financing for the project. He concluded that he planned to meet with the County supervisors at a separate meeting concerning the project. This was noted in the minutes and newspaper publication provided by Ms. Zimmerman.
Iowa Code section 21.2(2) defines 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.
Before determining whether a gathering is ministerial, it must first be determined whether the supervisors engaged in deliberation or action upon any matter within the scope of their policy-making duties. As noted by counsel, two supervisors attended the city council meeting to gather information. They did not have the authority to deliberate or take action on an issue before the city council.
It would have been a better practice for the County to post a notice that the supervisors were attending the city council meeting for informational purposes to avoid even the suggestion of an improper meeting.
No allegations were made of any violation of Iowa Code chapter 22. Iowa Code chapter 21 does not require the county auditor to attend meetings of the County board of supervisors.
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 those requirements.
IT IS SO ORDERED: Formal complaint 22FC:0086 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 November 17, 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
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of November, 2022, to:
Kate Zimmerman
Clint Spurrier, county attorney for Ringgold County