Date:
03/16/2023
Subject:
Tracy Carlson/Kossuth County Board of Supervisors - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Tracy Carlson, Complainant And Concerning: Kossuth County Board of Supervisors, Respondent |
Case Number: 22FC:0124 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:
On December 3, 2022, Tracy Carlson filed formal complaint 22FC:0124, alleging that the Kossuth County Board of Supervisors (Board) violated Iowa Code chapter 21 on October 18, 2022.
Ms. Carlson alleged that one Board member made inaccurate statements during the meeting concerning the requirements of Iowa’s open meetings laws as codified in Iowa Code chapter 21.
A copy of the recording of the meeting was available and reviewed. About 43 minutes into the meeting, one supervisor incorrectly stated that a majority of the Board members could meet informally and discuss county business as long as the Board does not vote on topics discussed.
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. (Emphasis added.)
The county attorney was present at the meeting and corrected the Board member. There is no evidence presented that a violation of the open meetings laws occurred during that meeting.
It would be beneficial for the Board to review the training information available on the IPIB website to ensure that each Board member is aware of the statutory requirements for open meetings and public records.1
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 22FC:0124 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 March 16, 2023. 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, J.D.
1. The statements by the Board member arose during a discussion of when the Board should start taping each Board meeting. Allegedly, one recording started prior to the meeting and captured private conversations on matters other than county business. The county attorney suggested that the Board members not discuss private matters while in the Board meeting room to avoid this concern.
CERTIFICATE OF MAILING
This document was sent on the ___ day of March, 2023, to:
Tracy Carlson
Todd Holmes, Kossuth County Attorney