Date:
12/15/2022
Subject:
Barabra Hansen & Carol Nelson/Woodbury County Agricultural Extension Council - Order to Consolidate & Dismiss
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Barbara Hansen and Carol Nelson, Complainants And Concerning: Woodbury County Agricultural Extension Council, Respondent |
Case Numbers: 22FC:0111 (Hansen) and 22FC:0112 (Nelson) Order to Consolidate and Dismiss |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Order to Consolidate and Dismiss.
Barbara Hansen filed formal complaint 22FC:0111 on October 12, 2022. Carol Nelson filed formal complaint 22FC:0112 on October 14, 2022. Both complaints allege that the Woodbury County Agricultural Extension Council (Council) violated Iowa Code chapter 21, open meetings laws.1
Both complainants allege that on August 15, 2022, the Council’s Personnel Committee (Committee) met to review personnel issues without proper notice, agenda, or minutes. The Committee includes four members of the Council, which is not a majority of the nine Council members.
There is no dispute that the Committee met on the date in question and did not post notice, have an agenda, or take minutes. The only issues are whether the Committee is a governmental body required to follow Iowa Code chapter 21 and whether the Council should have known this was required.
The Personnel Committee is a standing committee of the Council. On January 10, 2022, the Council appointed the members of the Committee at a Council meeting. The Committee was formed to “provide recommendations to the council and cannot authorize decisions without full council approval,” according to the Iowa State University Extension and Outreach Appendix 6 Learning Module 21 (see Exhibit 1).
The Committee is directed to “follow the Iowa Code Chapter 21 Open Meeting and Chapter 22 Open Records laws.” (See Exhibit 1, page 1, paragraph 3.) The Committee is considered a Standing Committee, with specific duties and responsibilities, not an “Ad hoc” committee. (See Exhibit 1, page 3.)
On August 15, 2022, three of the four Committee members met and determined that certain action was necessary to address an issue regarding complaints received concerning Council volunteers. All three of the Committee members are Council members. The complainants are also Council members, but were not present at this Committee meeting.
Iowa Code section 21.2(1) provides the definition of a governmental body that is subject to the requirements of open meetings laws:
1. “Governmental body” means:
a. A board, council, commission, or other governing body expressly created by the statutes of this state or by executive order.
b. A board, council, commission, or other governing body of a political subdivision or tax-supported district in this state.
c. A multimembered body formally and directly created by one or more boards, councils, commissions, or other governing bodies subject to paragraphs “a” and “b” of this subsection.
(Subsections “d” through “j” omitted.)
The Council is established by Iowa Code section 176A.5. The Council is required to follow Iowa Code chapter 21 pursuant to the definition of ‘governmental body’ in Iowa Code section 21.(2)(1)(a).
This Committee, however, must meet the definition of a governmental body under Iowa Code section 21.2(1)(c) to be required to follow Iowa Code chapter 21. In order to meet the definition of a governmental body, it must either include a majority of the members of the ‘parent’ governmental body itself or be formally and directly created by a governmental body AND exercise some policy- or decision-making authority.
The Iowa Supreme Court has said that policy-making “is more than recommending or advising what should be done. ‘Policy-making’ is deciding with authority a course of action.” (Mason v. Vision Iowa Board, 700 N.W.2d 349, 354 (Iowa 2005))
According to the Mason decision, this Committee, as described in the ISU Extension and Outreach policy guidelines, would normally not be considered an independent governmental body. However, by exceeding its authority and taking action, the Committee acted as a governmental body.
If the Committee is allowed to exceed its authority and continue to engage in policy-making, then it must follow the requirements of Iowa Code chapter 21 and post notice, post an agenda, hold an open meeting, and keep minutes. The members of the committee would then face the sanctions provided by Iowa Code section 21.6 if they violated the open meetings laws.
As noted in the Iowa Code, the named respondent, the Woodbury County Agricultural Extension Council, is a governmental body and is required to follow Iowa Code chapter 21. In this instance, however, the gathering on August 15, 2022, was not a Council meeting as defined by Iowa Code section 21.2(2):
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.
The Council has nine members.2 Only three council members attended the August 15, 2022, committee meeting. This is not a majority of the members, as required by Iowa Code section 21.2(2) for a meeting to occur. Therefore, the Council did not violate Iowa Code chapter 21.
Allegations were made that the Committee exceeded its authority in taking specific action at the meeting. Although it appears that this is accurate, this is not an issue within the IPIB’s authority to determine or resolve.
The Council itself will need to determine if any action should be taken to reverse the actions taken by the Committee on August 15, 2022.
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. Because the Woodbury County Agricultural Extension Council, the named respondent, did not hold a meeting as defined by Iowa Code chapter 21 on August 15, 2022, these complaints do not meet those requirements.
IT IS SO ORDERED: Formal complaints 22FC:0111 and 22FC:0112 are consolidated and dismissed as legally insufficient pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a).
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 December 15, 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, J.D.
1. Ms. Nelson also alleged a violation of Iowa Code chapter 22, but provided no information to substantiate a public records complaint.
2. The Council currently has a vacancy, with only eight members. A majority of eight is five; a majority of nine is also five.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of December, 2022, to:
Barbara Hansen
Carol Nelson
Woodbury County Agricultural Extension Council