Date:
05/15/2025
Subject:
Anonymous/Mitchell County Board of Supervisors - Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Anonymous, Complainant And Concerning: Mitchell County Board of Supervisors, Respondent |
Case Number: 25FC:0036 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 7, 2025, Anonymous filed formal complaint 25FC:0036, alleging the Mitchell County Board of Supervisors (Board) violated Iowa Code Chapter 21.
Facts
Anonymous alleges members of the Board violated Iowa Code Chapter 21 by meeting without notice and not in open session. Specifically, Anonymous states members of the Board attended an official meeting of Mitchell County Planning and Zoning (Planning and Zoning). At the meeting, two of the members of the Board provided comment. Anonymous states this is a violation of open meetings laws as a quorum of members were present at the Planning and Zoning meeting and there was no notice or agenda. Anonymous referred to the Mitchell County Auditor as being able to provide additional information.
IPIB staff followed up with the Mitchell County Auditor’s Office and confirmed this practice was occurring.
No additional information was obtained beyond that contained in the complaint.
Applicable Law
A meeting is a gathering in person or by electronic means, formal or informal, of a majority of the members of a governmental body where there is deliberation or action upon any matter within the scope of the governmental body’s policy-making duties. Iowa Code § 21.2(2).
“Meetings of governmental bodies shall be preceded by public notice as provided in section 21.4 and shall be held in open session unless closed sessions are expressly permitted by law. Except as provided in section 21.5, all actions and discussions at meetings of governmental bodies, whether formal or informal, shall be conducted and executed in open session.” Iowa Code § 21.3(1).
Deliberation occurs when “the information gathering evolves into discussion of [the government body] member opinions and the reasoning behind those opinions,” Hettinga v. Dallas County Bd. Of Adj., 375 N.W. 2d 293 (1985).
Analysis
A meeting requires four elements: 1. A gathering occurs in-person or by electronic means; 2. A majority of the members are present; 3. Deliberation or action occurs; and 4. The deliberation or action is within the scope of the governmental body’s policy making duties. Iowa Code § 21.2(2).
The facts presented in the complaint indicated a majority of the members of the Board gathered in-person as part of the Planning and Zoning meeting. However, there is not clear evidence that members of the Board were deliberating or acting. The members of the Board may be providing comment, but this does not equate to deliberation or action.
Members of the Board should be careful to avoid deliberation within this forum. The members of the Board may listen to the information and ask clarifying questions if needed, but should avoid commentary on the topics which could easily lead to deliberation over matters within their policy-making duties.
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.
A majority of the members of the Board attended a meeting, but there is not clear evidence those members were deliberating or acting on matters within the scope of their policy-making duties.
IT IS SO ORDERED: Formal complaint 25FC:0036 is dismissed as it is without merit 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 15, 2025. 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.