Advisory Opinion 23AO:0007
DATE: September 21, 2023
SUBJECT: Editing meeting minutes before publishing.
Matthew Byrne
Via email [redacted]
Mr. Byrne,
We are writing in response to your request dated July 19, 2023, requesting an advisory opinion from the Iowa Public Information Board (IPIB) pursuant to Iowa Code chapter 23 and Iowa Administrative Code rule 497-1.3.
We note at the outset that the IPIB’s jurisdiction is limited to the application of Iowa Code chapters 21, 22 and 23, as well as rules in Iowa Administrative Code chapter 497. Advice in a Board opinion, if followed, constitutes a defense to a subsequent complaint based on the same facts and circumstances.
QUESTION POSED:
Is it normal for an elected County Supervisor to review and personally edit the meeting minutes before publishing?
OPINION:
Iowa Code § 21.3 requires that “[e]ach 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.”
In this case, the Auditor or their delegate acts as a clerk to the Board of Supervisors and prepares the minutes on behalf of the Board. It is the Board’s responsibility to ensure the minutes comply with the statutory requirements under Iowa Code chapters 21 and 331.[1] The members of the Board of Supervisors should review the minutes to ensure they reflect the actions taken by the Board, including the complete text of the motions, resolutions, amendments, and ordinances adopted as required under Iowa Code § 331.504.
It would be advisable for a County Supervisor to review the minutes for accuracy and to provide potential edits. Then, it would be the responsibility of the Board to ensure any inaccuracies are revised and the official minutes are approved as amended by the Board.[2]
Your request, however, included additional details. You state that it was discovered that there were discrepancies in the minutes between what actually occurred versus what the Supervisor wanted to include in the minutes as evidenced by the audio/video recording. When asked about one of the items, the Supervisor stated he was putting in what he meant to say rather than what occurred. The other Supervisors voted to amend the minutes to remove the inaccurate edits.
If it is determined that minutes are inaccurate or have been edited incorrectly, it is the responsibility of the Board or Council to amend or restore the minutes to be accurate as occurred in this situation. Minutes, above all, need to be factually accurate. They are not, however, a transcript of the proceedings. The Auditor, City Clerk, or Board Secretary tasked with drafting the minutes for the Board or Council cannot take down every word that is spoken. As a best practice, the Iowa League of Cities recommends providing the legally required content in the minutes and enough additional information to be of historical and functional value without being too lengthy. It recommends providing a factual accounting that ensures that editorial remarks are omitted.
Choosing which comments to include or exclude or how comments are phrased, whether intentional or not, is editorializing the minutes. This creates minutes that are not objective and factual and instead causes issues of misunderstanding and inaccuracies. By avoiding editorial comments and focusing only on the actions taken, motions and resolutions passed, and enough factual information about reports and issues to provide context, the minutes have historical and functional value.
Minutes are the public record of a governmental body’s activities and decisions. Their usage should be to document the official actions of a governmental body. This means they should contain the legally required information as well as enough information in context to ensure understanding of the actions and topics covered by the Board or Council. Minutes should not include partial commentary or editorial additions. Including these items in minutes causes unnecessary issues such as the one addressed in this opinion in which a Supervisor feels compelled to revise the minutes to address quotes or commentary.
Minutes should include facts rather than opinions, rumor, preference, or innuendo. Minutes are a public record of a governmental body. They should reflect the propriety and objectivity of the governmental body itself.
[1] “When comparing the duties of a county board of supervisors and a county auditor, it is clear that the board of supervisors has the responsibility to actually manage the record books described in section 331.303(1). In fact, section 331.303(2) expressly requires the county board of supervisors to manage its records in compliance with Code chapter 22. In comparison, a county auditor merely acts as a board of supervisors' agent to make sure that the board's proceedings are recorded in an accurate and correct manner. Iowa Code section 331.504(1) (1991).” 1992 Iowa Op. Atty. Gen. 167 (Iowa A.G.), 1992 WL 470371
[2] “Iowa Code section 21.3(2) states in part, ‘Each governmental body shall keep minutes of all its meetings. . . .’” “Despite the council having the clerk keeps [sic] minutes in its stead, the delegation does not nullify the council’s status as the official preparer of the minutes. It may appear that the clerk is keeping notes/minutes, but from a legal perspective pursuant to Iowa Code section 21.3(2) it is actually the council keeping notes/minutes, even though they are acting through the clerk.” Iowa Public Information Board 20AO:0006, December 16, 2020.
BY DIRECTION AND VOTE OF THE BOARD:
Daniel Breitbarth
Joan Corbin
E.J. Giovannetti
Barry Lindahl
Joel McCrea
Monica McHugh
Julie Pottorff
Jackie Schmillen
SUBMITTED BY:
Erika Eckley, J.D.
Executive Director
Iowa Public Information Board
ISSUED ON:
September 21, 2023
Pursuant to Iowa Administrative Rule 497-1.3(3), a person who has received a board opinion may, within 30 days after the issuance of the opinion, request modification or reconsideration of the opinion. A request for modification or reconsideration shall be deemed denied unless the board acts upon the request within 60 days of receipt of the request. The IPIB may take up modification or reconsideration of an advisory opinion on its own motion within 30 days after the issuance of an opinion.
Pursuant to Iowa Administrative Rule 497-1.3(5), a person who has received a board opinion or advice may petition for a declaratory order pursuant to Iowa Code section 17A.9. The IPIB may refuse to issue a declaratory order to a person who has previously received a board opinion on the same question, unless the requestor demonstrates a significant change in circumstances from those in the board opinion.