Date:
05/16/2024
Subject:
Valerie Close/Benton County Board of Supervisors- Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Valerie Close, Complainant
Benton County Board of Supervisors, Respondent | Case Numbers: 24FC:0027 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 March 8, 2024, Valerie Close filed formal complaint 24FC:0027, alleging that Benton County Board of Supervisors (“Board”) violated Iowa Code chapter 21.
Facts
Ms. Close alleges an Employment Agreement was signed on March 6, 2024, between Sue Wilber, the Board, and the County Attorney. She alleges this contract was signed outside of an open meeting. The contract was not discussed in the March 5th meeting. As a result of a records request concerning Ms. Wilber's job description, the signed contract was sent to her. She alleges receiving the contract establishes that County business had been conducted outside of an open meeting.
In response, the Board through their attorney, argues the complaint is not legally sufficient as Ms. Close fails to provide any evidence a quorum was present outside a meeting to sign the employment contract, so no violation of Iowa Code chapter 21 has been alleged.
The minutes of the March 12, 2024, Board meeting state the HR Job Description was approved by the Board. A question was raised regarding whether the job description would be distributed and it was determined HR would give the Auditor’s office the job description to disperse to those who wanted it.
Analysis
This Complaint alleges that a signed contract between the Board, the County Attorney, and the County HR Director establishes a violation of Iowa Code Chapter 21 occurred because no action was taken at a Board meeting prior to the execution of the contract. Iowa Code chapter 21, however, requires that a meeting of a government body occur. To establish a meeting has occurred the following must be present:
- Members of a governmental body, as defined under Iowa Code § 21.2, meet;
- This meeting is in person or by electronic means;
- A majority of the governmental body is in attendance;
- There is deliberation or action taken by the body; and
- The deliberation or action is within the body’s policy-making duties.[1]
The contract was dated March 6, 2024, and included the Board, the attorney, and the HR Director. No other information was provided establishing the contract was discussed or signed during a meeting in which a majority of the Board was in attendance. IPIB’s jurisdiction is limited to chapters 21 and 22, so can only review the matter as it relates to whether an open meeting violation has occurred. Under these facts, no violation has been established.
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.
A signed contract does not establish a meeting under Iowa Code chapter 21 occurred or was improperly held.
IT IS SO ORDERED: Formal complaint 24FC:0027 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 May 16, 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.
[1] 24AO:0001 Chapter 21 Requirements for Work Sessions