Date:
11/17/2022
Subject:
Sam Wilson/Louisa Co. Conservation Board - Acceptance Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Sam Wilson, Complainant And Concerning: Louisa County Conservation Board, Respondent |
Case Number: 22FC:0107
Acceptance Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.
Sam Wilson filed formal complaint 22FC:0107 on October 3, 2022, alleging that the Louisa County Conservation Board (Board) violated Iowa Code chapter 21 on September 19, 2022.
Mr. Wilson alleged that a majority of Board members met on this date without posting a notice or taking minutes. He provided the names of the members involved and the location of the gathering (the Louisa County Conservation maintenance shed), but no other details.
The director of the Board responded to the complaint on October 18, 2022.1 She indicated that she, as director of the Board, met with a potential vendor to discuss a bid for a Board project on September 19, 2022. They met at the site of a building that they wanted to move to the site of the Board maintenance shop.
As she traveled to this site, the director contacted a Board member to unlock the building to be moved. This Board member arrived and brought a second Board member with him. After reviewing the building, the director, vendor, and two Board members then traveled to the Board shop site, about one-quarter mile away.
The shop site is within eyesight of the Louisa County secondary roads department. Another Board member works for secondary roads. While the two Board members were at the shop site, this Board member saw the group from her window and came to see what was going on.
The Board director stated that this was not intended to be a meeting. No action or decisions were made by the three Board members.
The Board is composed of five members. According to the Board website, there is currently a vacancy on the Board. Three members would be a majority. The October 3, 2022, Board minutes addressed the September 19, 2022, gathering and warned that although it was an unintentional meeting, it “violated the open meeting laws.”
The actual discussion and vote on the bid to move a building to Board property occurred on October 10, 2022, at a properly noticed open meeting.
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.
While reviewing the Board minutes, it appears that the minutes approved by the Board do not meet the requirements of Iowa Code section 21.3:
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.
The minutes list the names of the Board members making and seconding a motion, but do not “indicate the vote of each member present.” Board training can be arranged as part of the informal resolution process pursuant to Iowa Code section 23.9.
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 meet those requirements.
IT IS SO ORDERED: Formal complaint 22FC:0107 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). Parties are directed to work with IPIB to reach an informal resolution pursuant to Iowa Code section 23.9.
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. The Director thought someone else responded to the complaint. When asked on October 14, 2022, about the status of a response, she forwarded the Board response on October 18, 2022.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of November, 2022, to:
Sam Wilson
Louisa County Conservation Board