Date:
02/20/2025
Subject:
Berleen Wobeter/Tama County Board of Supervisors - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Berleen Wobeter, Complainant And Concerning: Tama County Board of Supervisors, Respondent |
Case Number: 25FC:0002 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 January 8, 2025, Berleen Wobeter filed formal complaint 25FC:0002, alleging the Tama County Board of Supervisors violated Iowa Code chapter 21.
Facts
Wobeter’s specific concerns are that after appointment to the Tama County Board of Adjustment, the newly-elected Tama County Board of Supervisors voted to change her status to “interim” at the January 6, 2025 meeting. This change was made pursuant to the following agenda item: “Discuss/possible action to approve terms of the two new Board of Adjustment members.” Wobeter states this change is in violation of Iowa Code § 335.11 and Iowa Code §§ 21.3 and 21.4 because no written charges or public hearing were held at the meeting on January 6. Wobeter states the "interim" status does not fit a defined category so it is uncertain whether this can be done without written charges or a public hearing.
Applicable Law
“Upon receipt of a complaint alleging a violation of chapter 21 or 22, the board shall do either of the following:
- Determine that, on its face, the complaint is within the board’s jurisdiction, appears legally sufficient, and could have merit. In such a case the board shall accept the complaint, and shall notify the parties of that fact in writing.
- Determine that, on its face, the complaint is outside its jurisdiction, is legally insufficient, is frivolous, is without merit, involves harmless error, or relates to a specific incident that has previously been finally disposed of on its merits by the board or a court. In such a case the board shall decline to accept the complaint. If the board refuses to accept a complaint, the board shall provide the complainant with a written order explaining its reasons for the action.”
Iowa Code § 23.8.
Analysis
The IPIB only has jurisdiction to review alleged violations of Iowa Code chapters 21 and 22. Wobeter alleges the Tama County Board of Supervisors unlawfully changed her appointment status to the Board of Adjustment to “interim” at an open meeting on January 6, 2025, in potential violation of Iowa Code § 335.11 because there were no written charges or public hearing as required under Iowa Code § 335.11.[1]
The IPIB does not have jurisdiction to enforce the requirements of Iowa Code § 335.11 or to determine the propriety of changing an appointment to an “interim” status because either would be outside the scope of IPIB’s jurisdiction.
The mere fact the action took place during an open meeting does not provide jurisdiction to IPIB. As there is not jurisdiction over the controversy alleged, IPIB must dismiss the complaint for lack of jurisdiction.
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.
The complaint alleges failure to properly follow Iowa Code § 335.11 procedures for the change in status of an appointed member of a Board of Adjustment. Review of this matter is outside IPIB’s limited jurisdiction of chapters 21 and 22.
IT IS SO ORDERED: Formal complaint 25FC:0002 is dismissed as outside IPIB’s jurisdiction 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 February 20, 2025. 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.
[1] Members shall be removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.