Date:
11/17/2022
Subject:
Luke Winkelman/Calhoun Co. Board of Supervisors - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Luke Winkelman, Complainant And Concerning: Calhoun County Board of Supervisors, Respondent |
Case Number: 22FC:0106
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.
Luke Winkelman filed formal complaint 22FC:0106 on September 28, 2022, alleging that the Calhoun County Board of Supervisors (Board) violated Iowa Code chapters 21 and 22 on September 8, 2022.
Mr. Winkelman alleged that the Board held a public meeting on April 12, 2022, without notice of minutes. He alleged that on that date, as well as on March 22, 2022; March 29, 2022; and July 19, 2022, the Board passed resolutions without the action noticed on the agenda.
He also alleged that on September 8, 2022, an improper closed session was held under Iowa Code section 21.5(1)(i) without a request by the person involved for the closed session. Mr. Winkelman alleged that on September 20, 2022, the Board kept inaccurate meeting minutes by not showing the action taken on the tuition proposal.
Iowa Code section 23.7 requires that complaints filed with the IPIB allege violations that occurred no more than 60 days prior to the filing of the complaint. The only allegations that the IPIB can address are the allegations from the September 8, 2022, and September 20, 2022, meetings.
IPIB staff notified the Board on October 4 and 5, 2022, that this complaint had been filed. On October 7, 2022, the Calhoun County attorney acknowledged receipt of the complaint and raised questions about the allegations.
On October 14, 2022, the Board filed a formal response with the IPIB. The response included a copy of the posted agenda and minutes from the September 8, 2022, meeting and a copy of the minutes from the September 20, 2022, meeting.
Legal counsel stated that she was present during the closed session on September 8, 2022. The purpose of the closed session was “to evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session” pursuant to Iowa Code section 21.5(1)(i).
Counsel added that the two employees who were presenting information concerning employment conditions that were affecting their performance did request the closed session.
At the September 20, 2022, Board meeting, the Board discussed the tuition proposal, but deferred action to a future meeting. Therefore, there was no vote to include in the minutes. The minutes specifically note: “No decisions were made. This will be disclosed at a future meeting.”
The information provided does not support the allegations of a violation of Iowa Code chapter 21. No allegations concerning any public record requests under Iowa Code chapter 22 were alleged by Mr. Winkleman.
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:0106 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
_______________________________
Margaret E. Johnson
1. Listing this agenda item as an exempt session pursuant to Iowa Code section 21.9 may have been more appropriate: “A meeting of a governmental body to discuss strategy in matters relating to employment conditions of employees of the governmental body who are not covered by a collective bargaining agreement under chapter 20 is exempt from this chapter. For the purpose of this section, “employment conditions” mean areas included in the scope of negotiations listed in section 20.9.”
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of November, 2022, to:
Luke Winkelman
Tina Meth Farrington, Calhoun County Attorney