Advisory Opinion 24AO:0005 – Required Notice
DATE: June 27, 2024
SUBJECT: Required notice pursuant to Chapter 21
Dustin Ganfield
Via email [redacted]
Dustin Ganfield,
We are writing in response to your request dated May 21, 2024, requesting an advisory opinion from the Iowa Public Information Board (IPIB) pursuant to Iowa Code Chapter 23 and Iowa Administrative Code 497-1.3.
This Advisory Opinion concerns the public notice requirements for meetings of governmental bodies under Iowa Code § 21.4. We note at the outset that the IPIB’s jurisdiction is limited to the application of Iowa Code chapters 21, 22 and 23, as well as rules in Iowa Administrative Code chapter 497. Advice in a Board opinion, if followed, constitutes a defense to a subsequent complaint based on the same facts and circumstances.
QUESTION POSED:
A local School Board normally meets at City Hall on the 2nd and 4th Mondays at 5:30 p.m. They typically publish agendas for these meetings, as public notice, on their website and physically at their Admin facility, which is not their typical place of meeting. If a public notice was not posed on their website until after 8 a.m. on the day of their public meeting, but a physical notice and agenda was posted at their admin facility, even though that is not their typical place of meeting, AND no notice was physically posted at their typical place of meeting, does this provide enough legal notice, or was their an open meetings violation because of the late publication?
One last clarification on the availability of the physical posting, given the meeting is on a Monday and the Admin building is closed over the weekend. Would posting it inside the building, where it couldn’t be viewed by the public after hours on Friday be compliant? I am asking does the notice need to be “accessible” for at least 24 hours prior to the meeting, or simply posted at least 24 hours prior, even if that only leaves eight or nine hours of visible time? A simpler way to ask this concern might be, how long does the notice need to be accessible prior to the meeting, and are “business hours” considered in the 24 hour requirement?
OPINION:
Iowa Code § 21.4(1)(a) provides the requirements that a governmental body must comply with for public notice:
“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.” Iowa Code § 21.4(1)(a).
Iowa Code § 21.4(2)(a) is also applicable to the question posed in this Advisory Opinion:
“Except as otherwise provided in paragraph “c”, notice conforming with all of the requirements of subsection 1 shall be given at least twenty-four hours prior to the commencement of any meeting of a governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given.” Iowa Code § 21.4(2)(a).
The question posed relates to the location of the notice and the timing of the notice. Both issues are addressed in Iowa Code Chapter 21.
Location of Notice: The cornerstone of Iowa Code § 21.4 is that notice must be provided in a manner reasonably calculated to apprise the public of that information. The law provides examples of what constitutes a reasonably calculated manner, which include posting the notice on a bulletin 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. If no such office exists, the posting is to be placed the building in which the meeting is being held.
In the question posed, the local school board posts the notice at their administrative facility. The administrative facility of the local school board is likely considered the principal office of the body holding the meeting. This location meets the requirements of the law, assuming the public notice is posted in this location on a bulletin or other prominent place which is easily accessible to the public and clearly designated for the purpose.
Governmental bodies are not required to post the public notice in the building in which the meeting is being held unless there is no clearly designated place that meets the requirements of Chapter 21 at the principal office of the body holding the meeting.
Timing of Notice: A notice that conforms with the requirements of Iowa Code chapter 21 must be provided at least twenty-four hours prior to the commencement of any meeting of a governmental body. This means that the public notice must be posted at a location, as defined in the above paragraphs, at least twenty-four hours prior to the commencement of the meeting. It appears, based on the information in the question posed, that the governmental body posted the public notice at the required location at least twenty-four hours prior to the commencement of the meeting.
The question raises a concern regarding public access at the location in which the notice is posted. The law specifically states that notice must be provided in a manner reasonably calculated to apprise the public of the information. The law also states that the location of posting must be easily accessible. Posting the notice in a location that is not accessible to the public would defeat the purpose and intent of the law. Best practice would be to post the notice in a manner that allows the public to access the notice. This could include posting the notice on the window of city hall so it is still accessible when the city hall is closed. 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.
The question also raises a concern regarding public notice on the governmental entity’s website that was not posted at least twenty-four hours prior to the commencement of the meeting. There is no violation of Iowa Code chapter 21 if the public notice was provided at the required location within the required timeframe. But, there would be a violation if the notice was not physically posted and was only posted on the website.
BY DIRECTION AND VOTE OF THE BOARD:
Joan Corbin
E.J. Giovannetti
Barry Lindahl
Luke Martz
Joel McCrea
Monica McHugh
Jackie Schmillen
SUBMITTED BY:
Kimberly Murphy, J.D.
Legal Staff
Iowa Public Information Board
ISSUED ON:
June 27, 2024
Pursuant to Iowa Administrative Rule 497-1.3(3), a person who has received a board opinion may, within 30 days after the issuance of the opinion, request modification or reconsideration of the opinion. A request for modification or reconsideration shall be deemed denied unless the board acts upon the request within 60 days of receipt of the request. The IPIB may take up modification or reconsideration of an advisory opinion on its own motion within 30 days after the issuance of an opinion.
Pursuant to Iowa Administrative Rule 497-1.3(5), a person who has received a board opinion or advice may petition for a declaratory order pursuant to Iowa Code section 17A.9. The IPIB may refuse to issue a declaratory order to a person who has previously received a board opinion on the same question, unless the requestor demonstrates a significant change in circumstances from those in the board opinion.