Date:
05/18/2017
Subject:
Page Eastin / Iowa Commission for the Blind - Final Report
Opinion:
Before the Iowa Public Information Board
|
In re the Matter of: Page Eastin, complainant And concerning: Iowa Commission for the Blind |
Case Number: 16FC:0036 Final Report |
SUMMARY: Formal complaint filed by Page Eastin against the Iowa Commission for the Blind, alleging a violation of Iowa Code section 21.5. Complaint accepted by the Iowa Public Information Board (IPIB) on June 16, 2016. An informal resolution was approved by all parties and the IPIB on September 15, 2016. Compliance review was set for December 15, 2016. Compliance was not complete by December 15, 2016. IPIB continued the compliance review until April 20, 2017. The April IPIB meeting was cancelled. Counsel for the Commission confirmed that the minutes were appropriately amended on May 12, 2017.
Page Eastin filed a formal complaint with the Iowa Public Information Board (IPIB) on April 19, 2016, alleging violations of Iowa Code chapter 21.5. The complaint against the Iowa Commission for the Blind (Commission) alleged that the Commission did not properly state the reasons for entering into a closed session before doing so at the meeting on March 22, 2016. A review of the audio recording of the meeting reflects that no reason or justification was given for going into closed session. The recording of the March 22, 2016, meeting is on the Commission’s website: http://www.idbonline.org/Administration/Commission/Recordings-Minutes. Upon returning from closed session, the committee made three motions, moving to approve or not approve applications from three applicants.
Iowa Code section 21.5(2) requires that the “reason for holding the closed session by reference to a specific exemption under this section shall be announced publicly at the open session and entered into the minutes.” The recording of the meeting does not reflect that a reason for the closed session was announced publicly.
The IPIB accepted this complaint on June 16, 2016. Pursuant to Iowa Code section 23.9, an informal resolution was reached (Exhibit 1). The Commission met on August 26, 2016, and unanimously approved the informal resolution. Ms. Page signed the informal resolution on August 31, 2016. The IPIB approved the resolution on September 15, 2016.
The terms of the resolution provide:
- The Commission will acknowledge that the closed session held on March 22, 2016, was an improperly closed session.
- The Commission agrees to release the minutes and audio recording of the closed session in question to IPIB staff for confidential review pursuant to Iowa Code section 23.6(6).If determined not to be confidential by IPIB staff, said records may be subject to public release.
- The assistant attorney general assigned to assist the Commission, or his designee, will provide training to the Commission members on Iowa Open Meeting Laws.The IPIB will forward copies of the Open Meetings, Open Records Handbook for the Commission’s use.
- When this informal resolution is formally adopted by the Commission, this document shall be included in the minutes of that meeting.
The Commission provided the recording of the March 22, 2016, meeting, which I reviewed on November 2, and 3, 2016. There were no violations of Chapter 21 apparent from this review. Notes from the review have been kept confidential pursuant to Iowa Code section 23.6(6).
Counsel for the Commission provided appropriate training on November 22, 2016, and provided documentation of that compliance on December 1, 2016.
The minutes of the August 26, 2016, meeting of the Commission show that the informal resolution was reviewed and approved. The minutes do not include the informal resolution (see number 4, above). The next scheduled meeting of the Commission was set for March 2017.
On December 15, 2017, the IPIB reviewed compliance. An order was entered that continued the informal resolution for three months and set another compliance review for April 20, 2017. The Order also requested that counsel for the Commission be present.
The April 20, 2017, meeting was continued due to funding issues. Counsel for the Commission reported that the Commission approved the amended minutes on May 12, 2017. A copy of the amended minutes was provided. The terms of the informal resolution have been completed.
RECOMMENDATION
Pursuant to the terms of the now completed informal resolution, this complaint should be dismissed.
Respectfully submitted this 12th day of May, 2017.
Margaret E. Johnson, JD
Interim Executive Director
Cc: IPIB
Page Eastin
Grant Dugdale, AAG, counsel for the Iowa Commission for the Blind
Emily Willits, Director, Licensing and Administrative Law Div., Attorney General’s Office