The Iowa Public Information Board
In re the Matter of: Jeff Sherman, Complainant And Concerning: Floyd County Board of Supervisors, Respondent |
Case Number: 24FC:0008 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 January 22, 2024, Jeff Sherman filed formal complaint 24FC:0008, alleging that Floyd County Board of Supervisors violated Iowa Code chapter 21.
Facts
Mr. Sherman alleges there was an email exchange between Supervisor Mark Kuhn, Supervisor Dennis Keifer, and a Board of Health member, Joanne Robinson. He alleges the Board of Health was drafting a letter that was being improperly shared with the two supervisors. He further alleges the two supervisors are constantly talking out of meetings by phone or text and the email was sent on personal phone that was blocked by IT security.
In response, the County Attorney shared the specific emails referenced and a response from Supervisor Kuhn. Mr. Kuhn stated that he and Supervisor Keifer received an email from Ms. Robinson from the Board of Health. Both Supervisors individually responded to her that she neglected to attach a file she referenced in her email. Mr. Kuhn sent Ms. Robinson a copy of the Board of Health minutes referencing the letter she was writing. No other emails included the two supervisors and no additional communication was provided between the two Supervisors. Supervisor Kuhn flatly denied that he and Supervisor Keifer “are constantly talking out of meetings by phone or text.”
Applicable Law
The requirements set forth in chapter 21 of the Iowa Code apply to meetings of governmental bodies. A meeting is defined as “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(2). 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).
Analysis
The emails provided show that information was exchanged regarding a letter and minutes from the Board of Health. No deliberation occurred in the emails. The IPIB recently reviewed a similar case alleging an improper meeting through emails. In that case (and previous cases), the IPIB found that without active deliberation through the email, there was no possibility there was a chapter 21 violation. “Because no majority ever actively participated, a meeting under Chapter 21 was never formed. A majority of the members of the Council is a necessary element for the formation of a meeting.” 23FC:0098 Joseph Foran/City of Audubon.
The Complaint also alleges that two of the three Supervisors are constantly talking by phone and text outside the open meetings, but no proof beyond the emails was provided to support this allegation.
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 not meet those requirements.
The emails provided do not show a majority of the Board deliberating and no additional evidence of communications by the Board was provided.
IT IS SO ORDERED: Formal complaint 24FC:0008 is dismissed as it is legally insufficient 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 March 21, 2024. 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.