Peg Hutchison, Dan Johnson, Russ Nichols, Shawn Ripperger, Leigh Ann Swain, and Shelly Vander Tuig v. Douglas Shull, Steve Wilson, Dean Yordi, the Board of Supervisors for Warren County, Iowa, and Warren County, Iowa

878 N.W.2d 221, 2016 Iowa Sup. LEXIS 35
CourtSupreme Court of Iowa
DecidedMarch 18, 2016
Docket14–1649
StatusPublished
Cited by27 cases

This text of 878 N.W.2d 221 (Peg Hutchison, Dan Johnson, Russ Nichols, Shawn Ripperger, Leigh Ann Swain, and Shelly Vander Tuig v. Douglas Shull, Steve Wilson, Dean Yordi, the Board of Supervisors for Warren County, Iowa, and Warren County, Iowa) 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
Peg Hutchison, Dan Johnson, Russ Nichols, Shawn Ripperger, Leigh Ann Swain, and Shelly Vander Tuig v. Douglas Shull, Steve Wilson, Dean Yordi, the Board of Supervisors for Warren County, Iowa, and Warren County, Iowa, 878 N.W.2d 221, 2016 Iowa Sup. LEXIS 35 (iowa 2016).

Opinions

WIGGINS, Justice.

Former Warren County employees brought an action against the county and its board of supervisors alleging a violation of the open meetings law contained in chapter 21 of the Iowa Code. The district court dismissed the action, finding the board members’ activities did not constitute a “meeting” as defined in Iowa Code section 21.2(2) (2013)., In reaching its conclusion, the district court found that although the board members deliberated concerning matters .within the scope of their policy-making duties, a majority of the supervisors never deliberated at a meeting within the meaning of section 21.2(2). On appeal, we conclude the definition of meeting in section 21.2(2) extends to all in-person gatherings at which there is deliberation upon any matter within the scope of the policy-making duties of a governmental body by a majority of its members, including in-person gatherings ' attended by a majority of the members by virtue óf an agent or a proxy. Therefore, we reverse the judgment of the district court and remand the case for further proceedings consistent with this opinion.

I. Background Facts and Proceedings.

As' permittéd under the Iowa Code, a board of supervisors consisting of three elected board memb'ers governs Warren County (the county). See- Iowa Code § 331.201; At all times relevant to this appeal, the Warren County Board of Supervisors was comprised of board members Douglas Shull, Steve Wilson, and Dean Yordi. Prior to the events giving rise to this suit, the county employed approximately 175 full-time employees in thirty-five departments.

The citizens of Warren County first elected Supervisor. Shull to the board of supervisors in 2008. During his campaign, Shull promised to increase the overall efficiency of the county government. After Supervisors Yordi and Wilson joined the board in 2010, they elected Supervisor Shull to the position of board chair. Like Supervisor Shull, Supervisor Yordi campaigned on improving government efficiency when he ran for office.

In May 2013, the supervisors hired Mary Jean Furler for the newly created position of Warren County Administrator to assist them in achieving their objective of improving the efficiency of the county government. As county administrator, Furler implemented board actions, supervised appointed department heads, and directed preparation of the annual budget, among other duties. In addition, she was responsible for assisting the board with developing and prioritizing its policy objectives, goals, and strategic plans. Because Administrator Furler acted pursuant to delegated authority, the board’s power to act defined the scope of her own power to act on its behalf.

The events that led the employees to sue the board began in January 2014 when the annual county budget process was just getting underway. The Iowa Code requires elected or appointed officers and boards responsible for county offices and departments to submit itemized departmental budget estimates for the upcoming fiscal year to the county auditor or other designated official by January 15 of each year. Id. § 331.433. Department heads, county supervisors, and other officials meet to [225]*225discuss the estimated departmental budgets at a series of budget workshops. The county auditor or designated official then compiles the departmental' budgets into the overall county budget* which" the board of supervisors may adjust based on overall county objectives. The Code provides the board must approve the overall county budget at a public meeting and the chairperson of the board must certify the budget no later than March 15. Id. §§ 24.9, .1.7.

Warren County Budget Director Katherine Rupp was responsible for coordinating the county budget for fiscal year 2015. To that end, Director Rupp conducted.a series of budget workshops attended by the board, Administrator Furler, county department heads, and elected county officials in early January 2014. The county posted notice of the workshops in advance, and the workshops were open to the. public. During these workshops, neither Administrator .Furler. nor the supervisors mentioned the possibility of reorganizing the county government or asked-the department heads to reduce personnel costs. Likewise, when the supervisors discussed the budget at two additional open meetings "later in January, they did not mention the possibility of reorganizing the county government.

On March 4, the board of supervisors held a public meeting and unanimously approved the budget for the upcoming fiscal year. Director Rupp gave a presentation in which she reviewed the budget and summarized the main budget,issues facing the county. During that presentation, she noted personnel costs represented fifty-one percent of the proposed overall' county budget — a slight increase over.the prior year. Director Rupp attributed this change to rising health insurance costs, indicating that further cost increases resulting from the recent passage of federal healthcare legislation would need to be monitored and decisions made to minimize their effect. In addition, the county’s future revenue was" uncertain due to stagnant growth of the county’s property tax base and the possibility the state would stop supplementing county revenue to cover declines caused by recent commercial property tax reform: However, Director Rupp also noted Warren County Was the most populous county in the state without any debt and emphasized the proposed budget projected a significant decrease in expenditures compared to updated estimates for fiscal year 2014. The board unanimously approved the budget, which included all county employees’ present salaries and raises they were to receive during fiscal year 2015:

At the start of the budget process in January 2014, the board had not yet formalized a plan to eliminate any existing positions within the county workforce. Nevertheless, testimony at trial established that beginning in January, the supervisors and Administrator Furler worked together , to develop such a plan. By that point, Supervisor Shull had already had numerous discussions with Administrator Furler about reorganizing the county workforce. He testified the other supervisors also began meeting individually with Administrator Furler in January to discuss the reorganization, though no two supervisors were present at the same time when these disqussions occurred.

On February 4, the board passed a resolution at an.open meeting appointing Supervisor Wilson to review the county workforce “to determine if restructuring and/or reorganization [was] necessary to improve efficiencies and services provided to Warren County residents.” Supervisor Wilson was not present at the meeting because he was in Mexico. Nonetheless, Supervisors Shull and Yordi approved the resolution [226]*226appointing Supervisor Wilson to review the reorganization issue, as Supervisor Wilson had already agreed in advance to undertake the task by conveying his assent to the other supervisors through Administrator Furler. The resolution appointing Supervisor Wilson to review the possibility of reorganizing the county government passed without meaningful discussion. Supervisor Wilson remained in Mexico for the rest of the month, however, and he delegated his duties under the resolution to Administrator Furler.

While Supervisor Wilson was away, Administrator Furler began the task of performing research and all the legwork associated with the reorganization.

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878 N.W.2d 221, 2016 Iowa Sup. LEXIS 35, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peg-hutchison-dan-johnson-russ-nichols-shawn-ripperger-leigh-ann-swain-iowa-2016.