Date:
10/17/2024
Subject:
Gail Bonath/Drake Community Library - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Gail Bonath, Complainant
Drake Community Library, Respondent | Case Number: 24FC:0073 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 August 25, 2024, Gail Bonath filed formal complaint 24FC:0073, alleging that the Drake Community Library (Library) violated Iowa Code Chapter 21.
Facts
Bonath states the Library posted an agenda for a meeting to be held on August 28, 2024. The Library instead met on August 21. The agenda for the August 21 meeting was posted to the City of Grinnell’s website on August 21. Bonath was unable to attend the meeting due to the change in meeting dates and inadequate notice.
The City Clerk responded on August 27, 2024, indicating that the agenda was posted on August 19 at the normal posting location for library meetings. In addition, the agenda was posted on the library calendar one week before the meeting. The Clerk conceded that the posting on the City’s website did not occur until August 21, but that the posting on the website was not required by law.
Applicable Law
Iowa Code § 21.4(1)(a) establishes the requirements that governmental bodies must meet to provide appropriate notice for a meeting:
“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 in a location 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 Library meeting was posted within the Library at the routine location for the posting of meeting information.
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 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 meeting information on a governmental body’s website is not currently a violation. The meeting information was posted at the routine location at the Library that is commonly used for postings.
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 Library posted notice of the meeting in a manner consistent with the requirements of Iowa Code Chapter 21.
IT IS SO ORDERED: Formal complaint 24FC:0073 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 October 17, 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.