16FC:0082 12/15/2016 Jerry Taylor / Chariton Water Board - Report, Order and Informal Resolution

Date:
12/15/2016

Subject:
Jerry Taylor / Chariton Water Board - Report, Order and Informal Resolution

Opinion:

Before the Iowa Public Information Board

Jerry Taylor filed a formal complaint on September 13, 2016, concerning the Chariton Water Board (Board).  His complaint alleged that the Board violated Iowa Code chapter 21 on September 9, 2016.  The alleged violations were:

1.  Going into closed session without a vote.
2.  Taking final action during a closed session. 
3.  Adjourning without returning to open session.

The Board attorney responded to a request for further information on September 22, 2016. He stated that he was present at the meeting in question to discuss litigation with the Board.  There were two issues on the agenda that allowed for a closed session:

1.  To discuss litigation with counsel pursuant to Iowa Code section 21.5(1)(c) and
2.  To discuss a personnel matter pursuant to Iowa Code section 21.5(1)(i).

The Board attorney also stated that the Board chair announced the closed sessions, at which time many members of the audience began to leave the room.  He stated that a proper roll call vote was taken while still in open session.  The Board remained in the same room.

Following the closed sessions, the Board properly returned to open session.  However, no one recalled actually going to the door to inform the public waiting outside, so the public was not aware that the meeting had resumed in open session.   Additional efforts should have been made to bring the public back into the room for completion of the meeting.

The Iowa Public Information Board (IPIB) accepted this complaint on October 20, 2016. 

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 the following terms:                  

1.  The Board acknowledges that better measures should have been taken to notify the public that the closed session had ended and agrees to do so in the future.
2.  The Board attorney will provide training to the Board members on Iowa Open Meeting Laws.The IPIB will forward copies of the Open Meetings, Open Records Handbook for the Board’s use.
3.  When this informal resolution is formally adopted by the Board, this document shall be included in the minutes of that meeting

The above provisions shall be completed by December 31, 2016, and a report of completion will be filed with the IPIB staff by January 6, 2017. Upon successful completion of the informal resolution, the IPIB shall dismiss the complaint as resolved with no additional sanctions.

All parties signed the proposed informal resolution (Exhibit A).  It is recommended that the IPIB approve this resolution and direct the Chair of the IPIB to sign the Informal Resolution.

Respectfully submitted this 16th day of November, 2016.

Margaret E. Johnson, JD
Deputy Director

Cc:       IPIB
            Jerry Taylor
            Counsel for Chariton Water Board, Dan Rockhold