Date:
11/17/2022
Subject:
Jennifer Andregg/Logan Public Library Board - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Jennifer Andregg, Complainant And Concerning: Logan Public Library Board, Respondent |
Case Number: 22FC:0096
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.
Jennifer Andregg filed formal complaint 22FC:0096 on September 16, 2022, alleging that the Logan Public Library Board (Board) violated Iowa Code chapters 21 and 22 on September 12, 2022. Numerous violations were alleged.
As of October 22, 2022, the only remaining allegations were that the July and August minutes need to be rewritten “in a legal, honest & unbiased way,” the Board needs to follow Robert’s Rules of Order, and the Board needs to make meeting minutes more accessible.1
The Board was notified of the complaint on September 30, 2022, and on October 3, 2022.
The Board responded to the complaint on October 5, 2022. The response included copies of the agendas and minutes (approved and unapproved) for the July 11, August 15, and September 12, 2022, Board meetings.
There were no apparent violations of Iowa Code chapter 21 in the provided minutes, although the minutes could have been written to remove unnecessary comments about meeting speakers. IPIB staff provided suggestions for writing minutes, which the Board has subsequently used with other minutes.
On October 11, 2022, Ms. Andregg stated: “Perhaps the only complaint left will be that the board president told me I would have the reason that I quit on the agenda for the August meeting. Instead I was forbidden to talk about that at the meeting. I have a text from August 5th confirming that she planned to add me to the agenda.”
Iowa Code chapter 21 does not require that members of the public must be included on an agenda. The governmental body is allowed to determine the issues to be discussed at a meeting and can set reasonable rules for the conduct of a meeting.2
On October 17, 2022, the Board stated that the agenda and minutes are now posted on the Library website. This is not required by Iowa Code chapter 21 or 22, but it does provide more transparency to the public.
The remaining issue, the Board’s use of Robert’s Rules of Order, is not a violation of either Iowa Code chapter 21 or 22. There are no sustainable allegations of violations of either code section in Ms. Andregg’s 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:0096 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
1. Initially Ms. Andregg raised a number of concerns about the Library, most of which were not violations of Iowa Code chapters 21 and 22.
2. See Iowa Code section 21.7: “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.”
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of November, 2022, to:
Jennifer Andregg
Logan Public Library Board