23FC:0042: Irena Palm/Winterset Airport Authority - Dismissal Order

Date:
05/18/2023

Subject:
Irena Palm/Winterset Airport Authority - Dismissal Order

Opinion:

The Iowa Public Information Board

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

On March 30, 2023, Irena Palm filed formal complaint 23FC:0042, alleging that Winterset Airport Authority (“Authority”) violated Iowa Code chapters 21 and 22 for failing to respond to her public records request or to provide proper notice of their public meeting.

Ms. Palm alleges that the Authority did not provide her with records she requested promptly. Ms. Palm filed a record request by email on March 15, 2023, for audio recordings of the Authority’s board meetings from January 1, 2022, to present. She followed up her request by mail on March 20, 2023 and again on March 27, 2023. Ms. Palm received an acknowledgement of her request on March 28, 2023, indicating that the Authority was having its attorney review the request. Ms. Palm filed this complaint on March 30, 2023, when she had not received a response.

The Authority responded that they acknowledged the request within nine days. It also stated that to fulfill Ms. Palm’s request it had to: 1. determine if any audio recording existed, and 2. review a year’s worth of audio recordings and produce copies. It also stated that recordings are typically destroyed after the minutes for the meeting have been prepared. Upon review, the Authority found that a few recordings existed. Notice was sent to Ms. Palm on April 18, 2023, that recordings had been located and were being provided to the Authority’s attorney to provide to Ms. Palm. A flash drive with the existing recordings were mailed to Ms. Palm at no cost on April 28, 2023.

Ms. Palm questioned why some recordings were missing as she had been told by “a witness” that the Authority keeps copies on CD of the recordings from all of their meetings in a safe, but no additional information was provided. The Authority verified that all recordings within their possession were provided to Ms. Palm and that all meetings may not have been recorded.

In her complaint, Ms. Palm also alleges that the Authority changed the location where it posts notice for its meetings.

The Authority responded that it has not changed the location of where meeting notices are posted in five years.  The Authority posts notices on the bulletin board at the city hall used for that purpose. Ms. Palm acknowledged that she cannot confirm or deny whether the notices were posted in the city hall, but she had seen notices posted at the Airport FBO bulletin board and none were posted for the March 29th meeting, so she had to ask the Airport Manager where the meeting was being held.

Iowa Code § 21.4(1) describes proper notice as including the “time, date, and place of each meeting” and the tentative agenda in a manner “reasonably calculated to apprise the public of that information.”  This includes “posting the notice on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting, or if no such office exists, at the building in which the meeting is to be held.”

Posting a notice of the meeting on the bulletin board in city hall designated for that purpose meets the requirement. While a second notice posted on the Airport FBO bulletin board might be convenient for individuals who are regularly at the airport, that posting alone would not likely apprise the public of the required information in the same way a notice posted and accessible to everyone in the city hall does.

Upon review, all records within the possession of the Authority have been provided to Ms. Palm. Further, the Authority provided notice of its meetings on a bulletin board in city hall.  

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. Following a review of the allegations on their face, it is found that this complaint does not meet those requirements.

IT IS SO ORDERED:  Formal complaint 23FC:0042 is dismissed as it is without merit pursuant to Iowa Code § 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). Ms. Palm has received existing records in response to her request. Notices of Authority’s meetings were consistently posted in a public place. There are no violations of Chapter 21 or 22.

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.