Board Meeting, Thursday, November 16, 2023

DRAFT Meeting Minutes

November 16, 2023, 1:00 p.m.
Ola Babcock Miller Building, Room 300
1112 East Grand Ave, Des Moines, Iowa 50319

Call to Order

Roll call:  Members present are Elaine Olson, Jonathan Roos, Daniel Jessop, Leah Rodenberg, and James Albert.  Staff present are Zach Goodrich, Nancy Wood and Taylor McDonald.

The meeting was called to order at 1:00 PM.

Approval of Minutes

Elaine Olson moves to approve the September 28th, 2023 meeting minutes.  Second by Jonathan Roos.  All ayes, motion carries.

Director's Update

Director Goodrich provided an update on the agency’s activities since the last Board meeting on September 28, 2023.

Advisory Opinions

AO 2023-01 (Social Media Attribution)

Motion by Elaine Olson to approve AO 2023-01

Second by Jonathan Roos

All ayes, motion carries.

AO 2023-02 (Consumable Campaign Property)  

Motion by Leah Rodenberg to approve AO 2023-02

Second by Daniel Jessop.

All ayes, motion carries.

Complaints

1. FC 2023-01 (Dawn Chamberlain

Motion by Elaine Olsen to reprimand for violation and order to pay $500 for 5 violations, $2500 total. Second by Jonathan Roos.

All ayes, motion carries

   2.  FC 2023-04 (Eddie Andrews)

Motion by Elaine Olson to table. Second by Jonathan Roos.  All ayes, motion carries.

   3.  FC 2023-05 (Cedar Rapids CSD)

Motion by Jonathan Roos to dismiss for lack of legal sufficiency.  Second by Daniel Jessop.  All ayes, motion carries.

    4.  FC 2023-06, 10, and 11 (Rick David and Barclay Woerner) 

Motion by Daniel Jessop to accept the consolidation of the two complaints and order an investigation. Second by Leah Rodenberg.  All ayes, motion carries.

    5.  FC 2023-07 (Julie Stewart, et al.)

Motion by Daniel Jessop to dismiss due to lack of legal sufficiency.  Second by Jonathan Roos.  All ayes, motion carries.

    6.  FC 2023-08 (Rick David) 

Motion by Jonathan Roos to dismiss due to lack of legal sufficiency.  Second by Elaine Olson.  All ayes, motion carries.

    7.  FC 2023-09 (Kim Chapman)  

Motion by Daniel Jessop to dismiss due to lack of legal sufficiency.  Second by Leah Rodenberg.  All ayes, motion carries.

Petition for Waivers of Civil Penalties

1. PW 2023-27 (Dan Kinney)
2. PW 2023-28 (Ankeny Republicans)

Motion by Daniel Jessop to reduce both waivers per the Executive Director’s recommendation.  Second by Leah Rodenberg.  All ayes, motion carries.

Discussion of Agency Policies

1. Escheats
2. Administrative Rules Review

Legislative Proposals

1. Enforcement of Civil Penalties
2. Midnight Filing Deadline

Motion by Daniel Jessop to advance the Enforcement of Civil Penalties and the Midnight Filing Deadline.  Second by Elaine Olson.  All ayes, motion passes.

Closed Session

Pursuant to Iowa Code section 21.5(1)(c), the Board may hold a closed session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the government body in that litigation.

Roll call to go into closed session:  Elaine Olson, yes, Leah Rodenberg, yes, Jonathan Roos, yes, Daniel Jessop, yes, James Albert, yes.

The Board moved to closed session at 3:35 PM.

Roll call to go into open session:  Elaine Olson, yes, Leah Rodenberg, yes, Jonathan Roos, yes, Daniel Jessop, yes, James Albert, yes.

The Board moved back to pen session at 3:45 PM.

After discussion in closed session the Board decides to table for further investigation and research where litigation is imminent.  No action was taken.

Adjourn

Motion by Daniel Jessop to adjourn.  Second by Leah Rodenberg.  All ayes, motion carries. 

The meeting adjourned at 3:50 PM.