Date:
05/16/2024
Subject:
Steven Menke/Kossuth County Board of Supervisors- Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Steven Menke, Complainant
Kossuth County Board of Supervisors, Respondent | Case Numbers: 24FC:0039 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 April 9, 2024, Steven Menke filed formal complaint 24FC:0039, alleging that Kossuth County Board of Supervisors (“Board”) violated Iowa Code chapter 22.
Facts
Mr. Menke’s alleged that “It’s been 21 days and I never got the [record] I requested.” After receiving additional information from Mr. Menke, his complaint is that he has proof from a videotaped conversation with Matt Holmquist, a deputy with the Kossuth County Sheriff’s Office that the Board held an illegal meeting and that the Board failed to provide the minutes from the illegal meeting to him upon his request for the records. Mr. Menke provided his record’s request.
IPIB staff reviewed the videos provided by Mr. Menke to prove the existence of an illegal meeting by the Board. In the video, Deputy Holmquist talks with Mr. Menke and Mr. Joe Goche who are in the process of running a camera through the County’s drainage tile to determine the issue with the drainage tile. Deputy Holmquist was called out to the field because of concern that Mr. Menke and Mr. Goche did not have authority to be doing what they were doing. During his conversation with Mr. Goche, Deputy Holmquist references a Board meeting and Mr. Goche immediately argues that any meeting was an illegal meeting. At no time does Officer Holmquist nor any other individual on the video besides Mr. Goche or Mr. Menke state the Board met without notice to the public.
In response to his records request, the County Auditor responded to his request. She said, “The only official meetings that were held by the Kossuth County Board of Supervisors in October and November of 2023 were on October 3, 10, 17, 24 and 31st and November 2, 7, 14, 21, 27 and 28. The Original request [for Mr. Goche’s drainage district repair] was done on August 22, 2023 which you mentioned previously. I know we have already sent you records for these dates, but if you want me to send you the agenda and minutes, recordings, etc. for any of the dates listed above please let me know. I do not have records of meeting for any other dates in October or November of last year.”
Applicable Law
“Meetings of governmental bodies shall be preceded by public notice … all actions and discussions at meetings of governmental bodies, whether formal or informal, shall be conducted and executed in open session. Each 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.” Iowa Code § 21.3
Analysis
Mr. Menke’s complaint centers around the Board’s failure to provide to him the minutes from an “illegal meeting” that occurred in November 2023. His proof this meeting occurs is during a conversation with Deputy Holmquist. After reviewing the video, IPIB staff provided to Mr. Menke the minutes from the meetings mentioned in the video.
IPIB staff also informed Mr. Menke, that there was no proof of an “illegal meeting” in the videos. Instead the video shows Deputy Holmquist doing his best to determine whether Mr. Goche had authority to be on the land he was on and doing the inspection of the County’s drainage district. The only “proof” of an illegal meeting in the video is Mr. Goche’s claim that he was permitted to do what he was doing as established by his drainage repair form from August 15, 2023[1] and if there was any contrary information it was the product of an “illegal meeting” by the Board.
Because there was no meeting, no minutes were created. The County Auditor did respond to Mr. Menke’s records request. If no record exists, then no record need be created. Similarly, if no meeting occurred, there is no requirement to create minutes. Mr. Menke’s complaint fails for both these reasons.
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.
Mr. Menke’s complaint is that the Board failed to provide him with a copy of minutes from an “illegal meeting.” No proof of any meeting was provided besides Mr. Goche and/or Mr. Menke’s claims that one must have occurred to justify any concerns with their activities on the day in question. Without proof of any meeting, there is no requirement by the Board to provide minutes for the meeting.
IT IS SO ORDERED: Formal complaint 24FC:0039 is dismissed as it is frivolous 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] The Board’s minutes from August 22, 2023, establish the Board did approve the repair with the condition that two named Supervisors would be present for the inspection. Neither Supervisor was present at the time, which is why there was a dispute and Deputy Holmquist’s presence was requested.