KCOB/KLVN, Inc. v. Jasper County Board of Supervisors

473 N.W.2d 171, 19 Media L. Rep. (BNA) 1113, 1991 Iowa Sup. LEXIS 252, 1991 WL 130232
CourtSupreme Court of Iowa
DecidedJuly 17, 1991
Docket90-1032
StatusPublished
Cited by12 cases

This text of 473 N.W.2d 171 (KCOB/KLVN, Inc. v. Jasper County Board of Supervisors) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
KCOB/KLVN, Inc. v. Jasper County Board of Supervisors, 473 N.W.2d 171, 19 Media L. Rep. (BNA) 1113, 1991 Iowa Sup. LEXIS 252, 1991 WL 130232 (iowa 1991).

Opinion

SCHULTZ, Justice.

KCOB/KLVN, Inc., a radio station, and the Newton Daily News filed an action against the Jasper County Board of Supervisors (Board) and its individual members, seeking judicial enforcement of the requirements of Iowa’s open meetings law, Iowa Code chapter 21. 1 A hearing was held to the court. The trial court concluded that plaintiffs had established one of eight al *173 leged violations and had failed to establish the other seven alleged violations. On appeal, plaintiffs contend that the trial court’s interpretation and application of Iowa Code chapter 21 to the facts of this case was erroneous. We affirm the trial court.

On appeal, plaintiffs essentially challenge the trial court’s application of three legal principles to the alleged violations. We examine plaintiffs’ general and specific claims of error.

I. Advance notice of meetings. Plaintiffs urge that the trial court erroneously concluded that giving advance notice to the public of the content of an announced public meeting is not a purpose of the Iowa open meetings law. Plaintiffs refer to certain language in the trial court’s ruling in support of their contention that the court’s view is contrary to our statutes and appellate decisions. Plaintiffs did not cite authority for this contention, however. Consequently, we turn to the language of chapter 21 to determine its purpose.

The legislature suggested that the purpose of chapter 21 is to assure “that the basis and rationale of governmental decisions ... are easily accessible to the people.” Iowa Code § 21.1. 2 We stated that the purpose of open meetings statutes is to require meetings of governmental bodies to be open and permit the public to be present. Dobrovolny v. Reinhardt, 173 N.W.2d 837, 840-41 (Iowa 1970). As we shall discuss later, even though notice is an important tool utilized to accomplish openness, it is not the primary purpose of chapter 21. Thus, plaintiffs’ characterization of advance notice of the content of a public meeting as a purpose of chapter 21 is an overstatement.

We now turn to plaintiffs’ specific complaints and determine whether the trial court’s application of the law was correct.

A. Meeting of May 23, 1989. The tentative agenda for May 23, 1989, listed “Industries Council — Mr. Jack Lipovac.” The subject matter discussed was the firing of a custodian. Plaintiffs claim that the notice contained in the agenda was not sufficiently detailed to meet the legislative standard in Iowa Code section 21.4 which requires that notice be given “in a manner reasonably calculated to apprise the pub-lic_” Iowa Code § 21.4(1).

Thus, the issue to be resolved is not whether the notice given by the governmental body could have been improved, but whether the notice sufficiently apprised the public and gave full opportunity for public knowledge and participation. In determining whether the public was sufficiently apprised, we may consider the public’s knowledge of an issue and actual participation in events in light of the history and background of that issue. Cf. Keeler v. Iowa State Bd. of Pub. Instruction, 331 N.W.2d 110, 111 (Iowa 1983). We agree with the trial court’s conclusion that the sufficiency of the detail on the tentative agenda must be viewed in the context of surrounding events.

Evidence in the record indicates that the issue of firing the custodian had been on a previous agenda and previously discussed. The evidence also reveals that Li-povac had appeared before the Board on an earlier termination hearing. Furthermore, the evidence shows that a well known fact in the community was that the Industries Council was hired to set up termination hearings and that the termination of the particular employee in this case was well publicized in the community. Therefore, we hold that there was sufficient evidence to substantiate the trial court’s ruling that the agenda provided sufficient notice. Consequently, the trial court did not err in its conclusions of law.

B. Meeting of January 31, 1989. During the January 31, 1989, meeting of the Board, the Director of the Jasper County Department of Human Services appeared and asked the Board to approve a case *174 management plan dealing with funding of a departmental program. This matter was not on the agenda. After discussing this matter, the Board approved the request.

Plaintiffs allege that the Board’s deliberations and actions on the case management plan without giving prior notice violated chapter 21. In rejecting this claim, the trial court made no separate findings and conclusions. However, the court did refer to this claim along with other claimed notice violations and noted that these claims were presented as part of the reports of administrative personnel. Neither party sought to clarify the trial court’s ruling by a posttrial motion seeking an enlargement or amendment of the court’s findings and conclusions. See Iowa R.Civ.P. 179(b).

When faced with ambiguity in the trial court’s ruling, we are guided by certain principles. The findings of the trial court are liberally construed and will be construed to uphold rather than defeat a judgment in cases of doubt or ambiguity. Schnabel v. Vaughn, 258 Iowa 839, 845, 140 N.W.2d 168, 172 (1966); Sheahan v. Plagge, 255 Iowa 182, 187, 121 N.W.2d 120, 123 (1963). A court decision which is proper on any ground supported by evidence in the record will not be disturbed. Schnabel, 258 Iowa at 844, 140 N.W.2d at 172.

The first question is whether a governmental body can act on an item which was not included on a tentative agenda. In a separate discussion not specifically directed at this question, the trial court concluded that chapter 21 obligates a governmental body to publish a “tentative agenda,” but does not prohibit discussion or action on an item which was not included on the “tentative agenda.” However, the court added that an item not included on the agenda cannot be discussed if the governmental body had predetermined to discuss an item and omit it from the agenda. We agree with these conclusions.

Meetings of governmental bodies shall be preceded by “notice of the time, date, and place of each meeting, and its tentative agenda_” Iowa Code § 21.4. The twenty-four hour advance notice requirement can be reduced or the place changed by a good cause showing that “such notice is impossible or impractical....” Iowa Code § 21.4(2).

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Bluebook (online)
473 N.W.2d 171, 19 Media L. Rep. (BNA) 1113, 1991 Iowa Sup. LEXIS 252, 1991 WL 130232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kcobklvn-inc-v-jasper-county-board-of-supervisors-iowa-1991.