Date:
03/16/2023
Subject:
Wahlberg, Otte, Fischer/Winneshiek County Board of Supervisors - Consolidation & Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Beth Wahlberg, Lyle Otte, and Julie Fischer, Complainants And Concerning: Winneshiek County Board of Supervisors, Respondent |
Case Numbers: 23FC:0015, 23FC:0017, and 23FC:0018 Order to Consolidate and Dismiss
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Order to Consolidate and Dismiss:
Beth Wahlberg filed formal complaint 23FC:0015 on February 7, 2023, alleging that the Winneshiek County Board of Supervisors (Board) violated Iowa Code chapter 21 on February 6, 2023.
Lyle Otte filed formal complaint 23FC:0017 on February 9, 2023, alleging the same violation.
Julie Fischer filed formal complaint 23FC:0018 on February 9, 2023, again alleging the same violation.1
All three complainants alleged that on February 6, 2023, the Board met and took action on an item not on the agenda. During a discussion of an agenda item posted as a roadside management update, the Board voted to terminate the roadside management program immediately, citing funding concerns by a three ayes to two nays vote.
Following this action, the Winneshiek County Attorney advised the Board that the action was improper as the agenda did not adequately describe the action that was taken. The Board unanimously rescinded this action at the February 13, 2023, Board meeting.
Iowa Code section 21.4 requires that a governmental body provide notice of the “time, date, and place of each meeting” as well as the “tentative agenda of the meeting.” Although the posted agenda did include an agenda item concerning the “roadside management update”, a more descriptive agenda item was needed to adequately describe the action taken by the Board.
It appears that the Board violated Iowa Code chapter 21 by taking action on a matter not sufficiently described by the agenda. However, the Board then took corrective measures to rescind the action when advised of the possible violation. The public will have proper notice of this matter if the Board intends to take action in the future.
Because all three complaints allege the same violation, it is appropriate to consolidate these three complaints.
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. Section 23.8(b) allows the IPIB to dismiss a complaint if the violation can be considered harmless error. Because the improper action was rescinded, the violation can be considered a harmless error.
IT IS SO ORDERED: Formal complaints 23FC:0015, 22FC:0017, and 22FC:0018 are consolidated and are dismissed as harmless error 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. Ms. Fischer also alleged a violation of Iowa Code chapter 22, but provided no information supporting this allegation. When asked for details, she did not respond.
CERTIFICATE OF MAILING
This document was sent on the ___ day of March, 2023, to:
Beth Wahlberg
Lyle Otte
Julie Fichter
Andrew Van Der Maaten, Winneshiek County Attorney