Subject:
Ellen O'Mally/Pleasant Grove Township - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Ellen O'Mally, Complainant And Concerning: Pleasant Grove Township, Respondent | Case Number: 23FC:0117 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
Ellen O’Malley filed formal complaint 23FC:0117 on November 9, 2023, alleging the Pleasant Grove Township Trustees (Trustees) violated Iowa Code § 21.3 on September 29, 2023.
Ms. O’Malley alleges that on September 29th, 2023, Trustee Norm Frye and Township Clerk Ray White removed the Pleasantville cemetery grave digger from his duties. No other trustees were present to approve such action. A meeting was scheduled for Saturday October 7, 2023. The Trustees wanted to have the meeting and then go to the cemetery and view damaged stones. The Township Clerk told two Trustees the meeting was cancelled. But the meeting was still conducted by Mr. White and Trustee Frye. No agenda was noticed nor minutes taken.
Trustee Aubrey Burress provided a response to the complaint. She stated that she received an email from Mr. White indicating that a meeting was scheduled for October 7, 2023, but due to a conflict, the Trustees would only have two hours to hold their meeting. Trustee Burress contacted Trustee DeJoode and they both agreed that the meeting should be rescheduled because they would need more time than two hours to conduct all the business necessary. On Friday, October 6, 2023, both she and Mr. DeJoode received emails from Mr. White that said “No Meeting.” Trustee Burress later found out that Mr. White and Trustee Frye went ahead with the meeting. Neither she nor Trustee DeJoode attended the meeting.
Mr. White also provided a response to the complaint. He stated that the scheduled meeting could not take place because they did not have a quorum of Trustees. Mr. White explained he went ahead and held the meeting because some citizens planned to attend. He did not want the citizens to think the Trustees were intentionally postponing meetings. He stated the meeting on October 7, 2023 was not an official Township meeting. No quorum was met, so minutes were unnecessary.
Law
“‘Meeting’ 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.” Iowa Code § 21.2.
Analysis
IPIB staff reviewed the issues alleged in this complaint. The township has three elected trustees which would mean that a quorum would consist of two members. It is also staffed by a Township Clerk.
Both of the situations stated in this complaint occurred with only one Trustee present and the Clerk. The definition of a meeting requires a quorum of the governmental body. Without a quorum, no meeting under Chapter 21 was held. Without a quorum, no action could be taken by the Trustees.[1]
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:0117 is dismissed as legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). The Pleasant Grove Township Trustees did not violate any part of the open records code section.
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 January 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
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Erika Eckley, J.D.
[1] It is strongly suggested the Marion County Attorney meet with the Pleasant Grove Township Trustees at an open meeting to review Iowa Code chapter 21.