Date:
07/17/2025
Subject:
Alisha Beers/City Council of Pisgah - Investigative Report and Probable Cause Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Alisha Beers, Complainant And Concerning: City Council of Pisgah, Respondent |
Case Numbers: 25FC:0064 Investigative Report and
|
|---|
COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Investigative Report:
On May 30, 2025, Alisha Beers filed formal complaint 25FC:0064, alleging the City Council of Pisgah (Council) violated Iowa Code chapters 21 and 22.
The IPIB accepted this Complaint on June 19, 2025
Facts
Alisha Beers alleges the Council violated Iowa Code chapter 21 when it held an illegal meeting to sign a letter seeking her resignation from the Council.
Beers also alleges she asked for copies of two years’ worth of bank statements, cancelled checks and all contributions to IPERS, but she had not received them by June 14, 2025, which was a violation of Iowa Code chapter 22 because the City administrator said he needed to speak with the city attorney before responding to her records request.
In response, the Council, through Counsel worked to provide the requested records to Beers and stated on July 10, 2025, that all records had been provided to her.
The Council stated that no meeting occurred as alleged. The mayor spoke individually with Council members and stated a letter would be held at city hall if any member wanted to sign it.
Ultimately, the Council members each signed the letter, which was mailed to Beers. No official action was taken regarding the letter. Beers alleges a potential walking quorum occurred because the members signed the letter. She also alleges she should have been notified about the letter because she was on the Council.
At a special meeting on June 5, 2025, the Council took up the issue of Beers’ position on the Council. This meeting was properly noticed. There is a question as to whether she was removed from the Council at the meeting.
Applicable Law
“…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 section 21.2(2). A meeting requires four elements.
A formal or informal gathering of members of a governmental body;
Participation that constitutes a majority of the members;
Deliberation or actions occurs; and
Deliberation or action is within the scope of the governmental body’s “policy-making duties.”
See also 1981 Iowa Attorney General Opinion 162 (1981).
Analysis
Beers has received the two years of financial information she sought, so there is no Iowa Code chapter 22 violation. The information could have been provided sooner, but the Council did work through its attorney to provide her with the requested records on a rolling basis.
In regards to whether the individual Council member’s signing the letter constituted a meeting or a walking quorum, no evidence has been provided that there was deliberation or action taken by a majority of the Council. The facts presented are that the mayor contacted the individual members and said he would leave a letter and they could sign if they wanted. There is no evidence a majority of the Council at any time deliberated on the letter or the language of the letter. The Council provided notice on June 5 of a meeting to deliberate and potentially take action on Beers’ position on the Council.
While it would have been preferable for the Council to address the matter in an open meeting without sending a letter to Beers, no facts have been presented to establish a meeting occurred prior to Beers receipt of the letter. See Dooley v. Johnson, 2008 WL 2008 WL 5234382 (Iowa App. Dec. 17, 2018) (finding a close call when Board met in small groups to receive information, but no deliberation occurred outside an open 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
It is recommended the IPIB dismiss the matter 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