24FC:0026 Dan Nugteren/South Central Regional Airport Agency- Dismissal Order

Date:
05/16/2024

Subject:
Dan Nugteren/South Central Regional Airport Agency- 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 7, 2024, Dan Nugteren filed formal complaint 24FC:0026, alleging that South Central Regional Airport Agency (SCRAA) violated Iowa Code chapter 21.

Facts

Mr. Nugteren alleges that SCRAA, failed to ‘un-mute’ the telephone system to allow inbound callers to provide public comment during a meeting on March 7, 2024. He provided a copy of the agenda listing an item for public comment.  He alleges he has multiple past examples from 2017 and 2019 of trying to provide public input to the Board.

In response the SCRAA states that nothing within Iowa Code chapter 21 requires a governmental entity to allow for public comment during a meeting, but SCRAA did allow for it at the March 7, 2024, meeting. SCRAA provided a copy of the minutes of the meeting, which showed two individuals attended in person and two individuals appeared by phone. No comments were made during the meeting. SCRAA also provided that Pella’s city clerk, Mandy Smith operates the phone for the meeting. 

Ms. Smith provided a sworn affidavit that stated the conference call lines are not automatically muted.  She did not manually mute the lines. She would only mute the lines if there is a loud disturbance or background noise. She also stated that if a line is muted, there is an automated notice to the caller that they are muted. Because no line was muted, there was no need to unmute anyone during the call. 

Minutes provided show the meeting was called to order at noon. The meeting concluded at 12:07 p.m.

Applicable Law

IPIB’s Advisory Opinion provides the following:

Iowa Code section 21.7 allows a governmental body to limit public participation at an open meeting:

21.7 Rules of conduct at meetings.

The public may use cameras or recording devices at any open session. Nothing in this chapter shall prevent a governmental body from making and enforcing reasonable rules for the conduct of its meetings to assure those meetings are orderly, and free from interference or interruption by spectators.

…

The Iowa Attorney General has posted two “Sunshine Advisories’ on Iowa Code section 21.7.  One states that while the public has the right to observe and record a meeting, they do not have the right to actively participate.  The other advises that governmental bodies should encourage public comment by allocating time for public comment, “structured by reasonable rules of conduct, such as advance deadlines for requesting an opportunity to speak, and reasonable time limits for oral comments.”

19AO:0004 Iowa Code section 21.7, public comment restrictions at an open meeting

Analysis

While nothing in Iowa Code chapter 21 requires public comment be allowed, if SCRAA provided an opportunity for public comment, it needs to allow the public to participate during that period with reasonable rules and limits. Mr. Nugteren’s complaint is that he believes he was unable to provide public comment during a SCRAA meeting because his phone was not “un-muted.” The evidence provided by SCRAA, through sworn affidavit, is that no telephone lines were muted by Ms. Smith who controlled the conference call, so there was no impediment within SCRAA’s control to Mr. Nugteren providing a comment during that portion of the meeting.

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.

There is no evidence SCRAA actions prevented Mr. Nugteren from providing a public comment by telephone at the SCRAA meeting on March 7, 2024.

IT IS SO ORDERED:  Formal complaint 24FC:0026 is dismissed as it is without merit 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 April 18, 2024.  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.