24FC:0060: Jeanette Shoop/Jones County Planning and Zoning Commission - Dismissal Order

Date:
09/19/2024

Subject:
Jeanette Shoop/Jones County Planning and Zoning Commission  - 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 July 25, 2024, Jeanette Shoop filed formal complaint 24FC:0060, alleging the Jones County Planning and Zoning Commission (Commission) violated Iowa Code Chapter 21.

Facts

Ms. Shoop alleges that the Commission violated Iowa Code Chapter 21 by posting the incorrect time for the Commission meeting.

The meeting in question was scheduled for July 23, 2024, at 9 a.m. Ms. Shoop states the notice was appropriately posted in local newspapers, but was not posted appropriately on the Jones County website. The website indicated that the meeting would be held at 9 p.m., instead of 9 a.m.

The Jones County attorney responded to the complaint and provided the following information:

• The proper date and time for the Commission meeting were posted in local newspapers.
• The proper date and time were posted correctly on the bulletin board inside the Courthouse.
• The date and time were originally emailed incorrectly to the county subscriber list, but the correct date and time was emailed within 20 minutes of the original email.
• The county website requires a click to access the agenda. The first page on the website showed the correct date and time for the meeting. After clicking on the correct date and time, the website transitioned to the agenda. The agenda showed the incorrect time.
• The zoning change to be discussed at the meeting in question required service by certified mail to all adjoining landowners. The notice was provided.
• The Commission has not historically held meetings at 9 p.m.

Applicable Law

Iowa Code § 21.4(1)(a) establishes the requirements that governmental bodies must meet to provide appropriate notice for a meeting of a governmental body: 

“Except as provided in subsection 3, a governmental body shall give notice of the time, date, and place of each meeting including a reconvened meeting of the governmental body, and the tentative agenda of the meeting, in a manner reasonably calculated to apprise the public of that information. Reasonable notice shall include advising the news media who have filed a request for notice with the governmental body and posting the notice on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting, or if no such office exists, at the building in which the meeting is to be held.” (Emphasis added.) 

Analysis

Chapter 21 requires reasonable notice be utilized to advise the public of information related to meetings of the governmental body. Reasonable notice includes posting the meeting notice on a bulletin board that is easily accessible to the public and clearly designated as the principal office of the body holding the meeting. In this case, the notice for the Commission meeting was posted on the bulletin board at the Courthouse with the accurate date and time for the meeting.

Chapter 21 also states that reasonable notice includes advising the news media of the meeting. The Commission states that local newspapers received and posted the appropriate date and time for the meeting. In addition, the county subscriber list received the correct date and time for the information. The Commission acknowledges that incorrect information was initially provided, but the proper information was provided within 20 minutes of the initial communication.

The IPIB has held in advisory opinions and orders that Chapter 21 does not require the posting of notice on the governmental body’s website. “Iowa Code Chapter 21 does not have any requirement that notice of a meeting be posted on the governmental entity’s website, but choosing to post the public notice on the website at least twenty-four hours prior to the commencement of the meeting would also enable better access for the community.” (IPIB Advisory Opinion 24AO:0005.)

While it appears Chapter 21 has not kept pace with the manner in which government bodies conduct business, the IPIB must make decisions within the law as it currently exists. Failure to accurately post a notice in a newspaper or a bulletin board is a violation of Chapter 21. It is not currently a violation to post an inaccurate notice on a website. 

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.

After review of the facts and circumstances, the Commission posted notice of the meeting in a manner consistent with the requirements of Iowa Code Chapter 21. 

IT IS SO ORDERED:  Formal complaint 24FC:0035 is dismissed 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 September 19, 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.