Advisory Opinion 25AO:0005
DATE: May 15, 2025
SUBJECT: Clarifying a meeting of a majority pursuant to Iowa Code Chapter 21
This opinion clarifies the meeting of a majority pursuant to Iowa Code §21.2. Advisory opinions may be adopted by the board pursuant to Iowa Code section 23.6(3) and Rule 497–1.2(2): “[t]he board may on its own motion issue opinions without receiving a formal request.” IPIB’s jurisdiction is limited to the application of Iowa Code chapters 21, 22, and 23, and 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:
When a governmental body creates a secondary body (e.g. a subcommittee, work group, or task force), is a majority determined by members of the original governmental body or by members of the secondary body?
Answer: A majority is determined by members of the secondary body.
BACKGROUND:
In recent weeks, the IPIB has rendered numerous decisions based on the definition of a majority within Iowa Code Chapter 21. IPIB created this Advisory Opinion to ensure clarity of the issue and address questions.
Recent complaints have presented the following fact pattern with variation based on the actual governmental body: Acme City Council has seven elected members. Acme City Council creates the Safety Committee. Three members of the Acme City Council are selected to operate the Safety Committee, which reports back to the full Acme City Council.
The Safety Committee does not provide notice of meetings or agendas and does not hold open sessions. A citizen of Acme complains to the City of Acme and states the Safety Committee is violating open meeting laws. The Acme City Council argues the Safety Committee is not required to provide notice, post agendas, or hold open meetings because a majority of the members of the Acme City Council are not present. The Acme City Council believes a meeting pursuant to Iowa Code Chapter 21 is not occurring without a majority of the Council. As explained in this Advisory Opinion, however, under Iowa Code § 21.2, a majority of the Safety Committee must be calculated based on the members of the Safety Committee and not the members of the full Acme City Council.
Applicable Law
The definition of a governmental body includes a board, council, commission, or other governing body of a political subdivision or tax-supported district in Iowa and includes a multimembered body formally and directly created by a board, council, commission or other governing body of a political subdivision or tax-supported district. Iowa Code § 21.2(1)(b) and (c). [Emphasis added.]
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).
Analysis
As expressly stated within Iowa law, a governmental body is a multimembered body formally and directly created by a board, council, commission or other governing body. Iowa Code § 21.2(1)(b) and (c). [Emphasis added.] This means a committee, subcommittee, workgroup, task force, or any other body that is formally or directly created by another governing body (referred to in this Advisory Opinion for ease of terminology as a “secondary body”) is an independent governmental body subject to the same open meeting requirements under Iowa Code chapter 21 as the governing body that created it.
To meet this definition, the secondary body must be formally and directly created. Formally and directly created means the primary board, council, commission or other governing body has taken some official action to create the governing body, which would be reflected on agendas and/or the minutes of the governing body when created.[1]
Once created, the secondary body is its own governmental body. Therefore, a majority of the secondary body is the majority of the secondary body itself, and not a majority of the members of the governmental body that created it.
These secondary bodies must comply with the notice and other requirements under Iowa Code chapter 21 whenever a meeting is held. A meeting is established when four requirements are met: 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).
If a meeting of a secondary body is held and is not in compliance with the requirements of Iowa Code chapter 21, then the secondary body is in violation of open meetings law and the body could be subject to enforcement actions as outlined in Iowa Code § 21.6.
BY DIRECTION AND VOTE OF THE BOARD:
Joan Corbin
E.J. Giovannetti
Barry Lindahl
Catherine Lucas
Luke Martz
Joel McCrea
Monica McHugh
Jackie Schmillen
SUBMITTED BY:
Kimberly Murphy, J.D.
Deputy Director
Iowa Public Information Board
ISSUED ON:
May 15, 2025
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.
[1] Governing bodies should not read this requirement as an option to try to avoid the requirements of Iowa Code chapter 21. Best practices dictate that if members of a governing body are working collectively on matters within their policymaking duties, but not in a formally created multimembered body, they should work to inform and include the public in the activities of the group even if not technically mandated under chapter 21.