Date:
09/21/2023
Subject:
Stan Walk/Mitchell County Economic Development Commission - Dismissal Order
Opinion:
The Iowa Public Information Board
Stan Walk, Complainant And Concerning: Mitchell County Economic Development Commission, Respondent |
Case Number: 23FC:0076 Dismissal Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Facts
Stan Walk filed formal complaint 23FC:0076 on July 17, 2023, alleging that the Mitchell County Economic Development Commission (“Commission”) violated Iowa Code chapter 21 on May 22, 2023.
Mr. Walk alleged the May 22, 2023, meeting minutes of the Mitchell County Economic Development Commission were in violation because they did not provide any details of actions taken. He alleged the minutes were vague and did not provide enough details as to the action taken by the motions and subsequent votes. He alleged that because actions were taken without detailed descriptions that secret documents existed. He cited three examples in the minutes of the May 22, 2023 meeting.
Jenny Backer, Executive Director, responded on behalf of the Commission. The Commission agreed that each vote taken was not completely clear in our meeting minutes. But, going forward, they agreed to ensure all votes taken are recorded in an acceptable manner on the minutes. All of the background material provided to the Council has been shared with Mr. Walk.
Law
Iowa Code §21.3 requires that the “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.”
Analysis
IPIB staff reviewed the minutes of the May 22, 2023, meeting. The minutes included sufficient information to understand the action that was taken by the Commission as required by Iowa Code § 21.3. Staff did, however, note the minutes did not indicate the votes. Votes on motions were indicated as “passed” but not how members voted.
In response to the concern, the Commission provided amended minutes that the votes of the members on the actions taken. The failure to list the results of votes taken has been swiftly remedied. The Commission acted to remedy its minutes to include the outcome of votes taken in order to comply with Iowa Code chapter 21 and has stated it will ensure this is done going forward.
Conclusion
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 23FC:0076 is dismissed as legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). The Commission’s omission of the voting results in the minutes was harmless error that has been addressed and remedied.
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 September 21, 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.