Date:
02/18/2016
Subject:
Leazer and Kistler / Jefferson County Extension Council - Report
Opinion:
Iowa Public Information Board
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In re the Matter of: Sharon Leazer and Barbara Kistler, complainants And concerning: Jefferson County Extension Council |
Case Numbers: 15FC:0081 (Leazer) And 15FC:0083(Kistler) FINAL REPORT
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RECOMMENDATION: Dismiss complaint pursuant to terms of the informal resolution.
Formal complaints were filed with the Iowa Public Information Board (IPIB) on October 16, 2015, by Sharon Leazer (15FC:0081) and Barbara Kistler (15FC:0083). Both complaints alleged that the Jefferson County Extension Council (Council) violated Iowa Code chapter 21 by holding an improper closed session on October 12, 2015. During a closed session, the Council voted upon the matter under discussion without returning to an open session for the vote. Sharon Leazer is a member of the Council and was present and participated in the October 12, 2015, meeting.
One member of the Council, who is a licensed attorney, but does not represent the Council, responded to the IPIB that in all likelihood the allegations are correct. He and other Council members reviewed the minutes and audio recording and determined that the closed session was not conducted properly. The Council reintroduced and voted on the matters allegedly voted upon in closed session.
The Iowa Public Information Board consolidated and accepted both complaints on this issue only on November 19, 2015. Iowa Code section 23.9 requires the IPIB to “promptly work with the parties, through employees of the board, to reach an informal, expeditious resolution of the complaint.” The parties agreed to a remediation plan. The plan was signed by the members of the Jefferson County Extension Council, except for Sharon Leazer, on January 4, 2016. Barbara Kistler signed her copy of the plan on January 21, 2016. Sharon Leazer orally confirmed her approval of the plan on February 9, 2016.
The terms of the informal resolution approved by the IPIB on February 18, 2016, are:
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The Council acknowledges that the closed session was not properly ended and that a final action occurred during the closed session, a violation of Iowa Code section 21.5(3).
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The Council will ensure that future closed sessions are conducted properly.
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The Council will reintroduce and vote on any matters discussed during the October 12, 2015, closed session.
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When the remediation plan is formally adopted by the Council, this document shall be included in the minutes of that meeting.
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All Council members will review the power point presentation on the Iowa Public Information Board website, “Iowa Sunshine Laws”.
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All Council members will receive and review a copy of the Iowa Open Meetings, Open Records Handbook prepared by the Iowa Freedom of Information Council for future use.
The above provisions shall be completed by February 22, 2016, and a report of completion will be filed with the IPIB staff on February 26, 2016. Upon successful completion of the remediation plan, the IPIB shall dismiss the complaint as resolved with no additional sanctions.
On February 29, 2016, Council emailed to IPIB a notice of completion of the remediation plan. The notice stated that all council members (except Sharon Leazer, who did not attend the Council’s February 8, 2016, meeting), watched the IPIB power point presentation at the meeting.
On March 2, 2016, I emailed Sharon Leazer asking Ms. Leazer to notify me after she viewed the IPIB power point training. On March 10, 2016, Ms. Leazer responded that she was unable to open the power point. On March 10, 2016, I mailed Ms. Leazer a hard copy of the power point. On March 18, 2016, Ms. Leazer confirmed that she had received and reviewed the hard copy of the power point.
At this time, all requirements of the informal resolution have been performed.
Recommendation
I recommend that the IPIB dismiss the complaint pursuant to the terms of the informal resolution.
Respectfully submitted this 25th day of March, 2016.
Margaret E. Johnson, JD
Deputy Director
Assisted by Adrienne Howard
Student Attorney
Cc: IPIB
Sharon Leazer
Barbara Kistler
Paul Miller (member) and Kurt Ledger (chair) on behalf of Jefferson County Extension