25FC:0035 Roger Krohn/Monona County Board of Supervisors - Investigative Report and Probable Cause Order

Date:
06/19/2025

Subject: 
Roger Krohn/Monona County Board of Supervisors  - Investigative Report and Probable Cause Order

Opinion:

The Iowa Public Information Board

COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Investigative Report:

On April 3, 2025, Roger Krohn filed formal complaint 25FC:0035, alleging the Monona County Board of Supervisors (Board) violated Iowa Code chapter 21. The IPIB accepted this Complaint on March 15, 2025.

Facts

Krohn’s complaint relates to the Board’s appointment of a vacancy in the Monona County Recorder’s Office. Krohn states the Board ran a notice in local newspapers indicating a meeting would be held on March 28, 2025, to interview candidates for the open position and that appointment of the position would occur on April 1, 2025. Krohn alleges the Board violated Chapter 21 by appointing the position on March 28, 2025, which was contrary to the notice and agenda posted by the Board.

The agenda for the March 28, 2025 meeting of the Board lists the following agenda item: “Interview County Recorder Candidates.” The minutes from the meeting state as follows:

“The Board of Supervisors held interviews with the County Recorder candidates. Also present was Kelly Seward, Recorder. Motion was made by Supervisor Phillips, seconded by Supervisor Fox to offer the Recorder's position to Kelly Parsley. Vote on motion: Ayes: Fox, Brouillette, and Phillips. Nays: None. Motion carried.”

The agenda on April 1, 2025, includes an item titled, “Appointment of County Recorder. The minutes from the meeting state as follows:

“Motion was made by Supervisor Fox, seconded by Supervisor Brouillette to appoint Kelly K. Parsley as the Monona County Recorder. Vote on motion: Ayes: Fox and Brouillette. Nays: None. Motion carried.”

Upon receipt of the complaint, the Monona County Attorney responded. The County Attorney explained that the County merely offered the position to the County Recorder on March 28. The official appointment occurred, consistent with the noticed agenda, on April 1.

Applicable Law

“…[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.” Iowa Code § 21.4(a).

Analysis

The governmental body provided appropriate notices for the meetings to interview and appoint. Iowa Code Chapter 21 does not specifically address offering versus appointing a position. Even if such language existed, the governmental body sufficiently described each action with enough specificity to apprise the public of the actions it would take at each meeting.

IPIB Action

The Board may take the following actions upon receipt of an investigative report: 

a. Redirect the matter for further investigation;

b. Dismiss the matter for lack of probable cause to believe a violation has occurred;

c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or

d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.

Iowa Admin. Code r. 497-2.2(4).

Recommendation

There is no evidence presented to illustrate a violation of Iowa Code Chapter 21. As such, this complaint should be dismissed for lack of probable cause to believe a violation has occurred.

By the IPIB Executive Director

_________________________

Erika Eckley, J.D.

Under Iowa Admin. Code r. 497-2.2(4) the Board takes the following action: 

• a. Redirect the matter for further investigation;
• b. Dismiss the matter for lack of probable cause to believe a violation has occurred;
• c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or
• d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.

By the Board Chair

___________________________________

Monica McHugh