23FC:0035: Concerned Citizen/O'Brien County Conservation Board - Acceptance Order

Date:
05/18/2023

Subject:
Concerned Citizen/O'Brien County Conservation Board - Acceptance Order

Opinion:

The Iowa Public Information Board

COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order:

On March 9, 2023, Concerned Citizen filed formal complaint 23FC:0035, alleging that O’Brien County Conservation Board (Board) violated Iowa Code chapter 21.

A Concerned Citizen filed this Complaint alleging that on February 8, 2023, the Board held a meeting in violation of Iowa Code Chapter 21 at the Prairie Heritage Center. The meeting included three members of the Board who held a discussion about a conservation land purchase after an official board meeting. The second meeting was not posted 24 hours in advance and no agenda was made or distributed. The Concerned Citizen also alleged that this type of meeting had happened previously and included the same members of the Board.

In response to the Complaint, the Board agrees that a violation did occur and states it is willing to remedy the violation through education and training.

Upon review, it is clear that a violation of Chapter 21 did occur. A meeting under Iowa Code § 21.2(2) 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.

Thus, a meeting subject to chapter 21 consists of four elements:

1. A formal or informal gathering of members of a governmental body;
2. In such a number so as to constitute a majority;
3. During which deliberation or action occurs; and
4. Such deliberation or action is within the scope of the governmental body’s “policy-making duties.”

See 1981 Iowa Op. Att'y Gen. 162 (1981).

A video of the meeting in question was provided to IPIB. The meeting takes place in a room that is not the same conference room in which the Board meets. In the video, there are five individuals. Three of the individuals are members of the Board. They are all discussing purchasing or trading several potential parcels of land, the parties involved with the land, and priorities for acquisition of the land by the individuals. The topics are within the scope of the policy-making duties of the Board on which they serve. The conversation lasted more than 20 minutes. It is clear from the facts, that a meeting did occur.

Iowa Code § 21.3 requires that [m]eetings of governmental bodies shall be preceded by public notice as provided in section 21.4 and shall be held in open session unless closed sessions are expressly permitted by law. …

Iowa Code § 21.4(a) and (c) states: a governmental body shall give notice of the time, date, and place of each meeting including a reconvened meeting of the governmental body, and the tentative agenda of the meeting, in a manner reasonably calculated to apprise the public of that information. …[and] shall be given at least twenty-four hours prior to the commencement of any meeting of a governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given.

No copy of a notice was provided that would have been given to the public and no agenda was prepared. As this appeared to be an impromptu discussion of Board matters with a majority of the Board present, it is likely no notice was given.

Iowa Code § 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 meets the necessary requirements for acceptance.

IT IS SO ORDERED:  Formal complaint 23FC:0035 is admitted pursuant to Iowa Code § 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). An improper meeting occurred involving a majority of members of the Board.

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 May 18, 2023.  Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.

By the IPIB Executive Director

_________________________

Erika Eckley, J.D.