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Complaint dismissed

‘Legally insufficient’ complaint against county board disregarded by IPIB

An anonymous complaint filed against the Marshall County Board of Supervisors, which alleged violations of open meeting laws, has been dismissed by the interim head of the Iowa Public Information Board (IPIB).

“There are allegations, but no evidence provided, that the gatherings noted in this complaint meet the requirements for a(n) (Iowa Code) Chapter 21 meeting,” the May 9 dismissal order from IPIB Interim Executive Director Margaret E. Johnson reads. “The evidence cited is legally insufficient.”

In the order, Johnson states that the complaint, filed on March 20, did not cite specific dates or times of the alleged violations, meaning IPIB “does not have jurisdiction” over the complaint. The filer also did not share their name or contact information in the document.

The complaint alleged that Board President Bill Patten, Vice President Dave Thompson and member Steve Salasek have violated Chapter 21 by appearing on a monthly radio show together, and when they drove together to a Marshalltown Area Chamber of Commerce gathering at the State Capitol in March.

“When I contacted the radio talk show host, he advised that he also guarded against any deliberation or action by the Board while on his program,” Johnson’s order reads. “He also expressed concern that the public would lose a valuable public service if the Board could no longer attend.”

Also addressed was the section about driving to the Chamber event in Des Moines.

“The supervisors did attend the Capitol meeting, but noted they were careful not to discuss government decisions amongst themselves,” the order reads. “They also reported that each was careful and cautious not to gather together and discuss county business at any time or anywhere.”

Another allegation was that the supervisors have met at the hardware store owned by Thompson to discuss county business, which the board members have strongly denied.

“One supervisor, the store owner [Thompson], stated that because of Chapter 21 concerns, he routinely has other staff assist supervisors who stop in his store to purchase supplies,” the order reads.

Marshall County Attorney Jennifer Miller also told Johnson she monitors the three-person board to ensure no meeting law violations are made.

“The county attorney stated that she was particularly careful to monitor and advise the board because of its status as a three member board,” the order reads. “She indicated that she would continue to discuss the risks of violating Chapter 21 when board members were together.”

According to the order, “the gatherings are more accurately described as ministerial in nature.”

The IPIB may allow such a complaint to be accepted or dismissed by the executive director, in this case Johnson, subject to board review. The IPIB reviewed the order on May 18.

According to Iowa Code section 21.2(1), a meeting is defined as “… 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,” and that “Meetings shall not include a gathering of members of a governmental body for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of this chapter.”

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