Date:
06/15/2023
Subject:
Marc Worthington/Pleasant Grove Township Trustees - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Marc Worthington, Complainant
Pleasant Grove Township Trustees, Respondent |
Case Number: 23FC:0049 Dismissal Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On April 17, 2023, Marc Worthington filed formal complaint 23FC:0049, alleging that Pleasant Grove Township Trustees (“Township”) violated Iowa Code chapter 21.
Facts
Mr. Worthington was told on April 1, 2023, that the mowing contract for cemeteries had already been awarded by the Trustees to a contractor who had previously been awarded the mowing contractor. The clerk for the Township had informed the Trustees that there were four or five people interested in bidding for the contract. There had been no notice of any public meeting prior to the mowing contract being awarded. Mr. Worthington believed that one of the Trustees had a conflict of interest as the cousin of the contractor chosen.
The Marion County Attorney responded to the complaint on behalf of the Township. He believed there may have been a meeting of by the Township that did not comply with Chapter 21 and advised the Township on what actions needed to be taken to remedy the error, including holding a public meeting to discuss and potentially starting the bidding process prior to awarding the mowing contract.
Applicable Law
Iowa Code § 21.2(1)(a) defines a governmental body as a “board, council, commission, or other governing body expressly created by the statutes of this state.” Township trustees are governed by Iowa Code chapter 359, so they are a governing body created by statute.
Iowa Code § 21.4 requires that all governmental bodies are to give notice of the “time, date, and place of each meeting” and a tentative agenda of the meeting at least 24 hours in advance of the meeting.
Analysis
The Township is a governmental body created by Iowa Code chapter 359. As a government body, it is required to comply with the notice requirements of chapter 21. The Township did not comply.
The County Attorney, however, has worked with the Township to take necessary remedial actions to correct the situation resulting in this Complaint. On June 6, 2023, the Attorney stated that “It is my understanding that notice of hearing was published and a hearing was held accepting sealed bids for the mowing contract. On June 17th a public meeting will be held to award the contract.”
Conclusion
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 meet those requirements, but it is recommended that the Complaint be dismissed as harmless error.
The Township has nullified the actions taken outside of a meeting in compliance with Chapter 21’s requirements. They have noticed a meeting to accept sealed bids, and have scheduled another open meeting to award the contract as a result of the bidding process. The Township took all actions necessary to remedy the situation and to come into compliance.
IT IS SO ORDERED: Formal complaint 23FC:0049 is dismissed as it involves harmless error pursuant to Iowa Code § 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 June 15, 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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Erika Eckley, J.D.