Date:
06/21/2018
Subject:
Shawn Harden/Buchanan County Board of Supervisors - Informal Resolution and Final Report
Opinion:
Before The Iowa Public Information Board
|
In re the Matter of: Shawn Harden, Complainant And Concerning: Buchanan County Board of Supervisors, Respondent |
Case Number: 18FC:0020 Informal Resolution Report |
COMES NOW Margaret E. Johnson, Executive Director of the Iowa Public Information Board (IPIB) and submits the following report recommending adoption of an Informal Resolution in this matter:
The IPIB accepted this formal complaint on April 19, 2018. Pursuant to Iowa Code section 23.9, IPIB staff worked with the parties to reach an informal resolution (attached).
Shawn Harden approved the informal resolution on May 30, 2018. The Buchanan Board of Supervisors (Board) approved the informal resolution at an open meeting on June 11, 2018. The informal resolution contemplates that the terms will be completed within 60 days of acceptance by all parties.
The terms were completed on June 18, 2018. The informal resolution was included in the Board’s minutes of the June 11, 2018, meeting. The IPIB provided training to the Board and other county employees on June 18, 2018.
It is recommended that the IPIB approve the informal resolution and direct the IPIB chair to sign it. It is further recommended that the complaint be dismissed as the Respondent has provided documentation of full compliance.
Respectfully Submitted this ___ day of June, 2018.
_________________________________
Margaret E. Johnson, JD
Executive Director
Cc: Shawn Harden
Buchanan County Board of Supervisors
INFORMAL RESOLUTION
18FC:0020
Shawn Harden and the Buchanan County Board of Supervisors
On March 15, 2018, Shawn Harden, Buchanan County Attorney, filed a formal complaint against the Buchanan County Board of Supervisors (Board). He alleged that the Board violated Iowa Code chapter 21 when two of the three Board members met with a doctor at a mental health center to discuss a county government issue on March 14, 2018.
The two named Board members acknowledged that the meeting took place and that there was no notice, agenda, or minutes of the meeting and that it was not an open meeting. They responded that the meeting could be considered as ministerial in nature as no formal action was taken during their discussion with the doctor.
Mr. Harden noted in his complaint that both of the named supervisors have had training in open meetings requirements. He requested that the IPIB provide more extensive training to the Board.
Iowa Code section 22.1(2) defines a meeting as a gathering of a majority of members of a governmental body where there is “deliberation or action upon any matter within the scope of the governmental body’s policy making duties.”
While this section states that the definition does not include “a gathering of members of a governmental body for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of this chapter,” it appears from the statements made by the two supervisors that they did discuss the expenses the county has incurred regarding an inmate in the facility.
As noted on the IPIB website:
In Dooley v. Johnson County Bd. of Sup'rs. (2008 WL 5234382), the Iowa Court of Appeals ruled that the board did not violate the open meetings law when members met privately with a consulting company to review a preliminary draft of a report, asked questions and elicited clarification. However, the Court noted, “Gathering for this purpose appears dangerously close to ‘deliberation.’ Even absent any intention to deliberate, such discussions could arise effortlessly. We believe the board's decision to review the draft in this fashion was a poor one.”
The Iowa Public Information Board (IPIB) accepted the formal complaint on April 19, 2018. Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution.
The parties agree to the following terms:
1. The Board will acknowledge that the described actions occurred.
2. The Board will acknowledge that when a majority of the Board meets, either in person or electronically, to take action or deliberate on county matters, a meeting occurs.
3. The Board shall conduct training for all supervisors on Iowa Code chapters 21 and 22 (Sunshine Laws). The Board may utilize the powerpoint training available on the IPIB website or arrange for training with IPIB staff.
4. The Board shall approve this resolution during an open meeting and include the full text in the minutes of said meeting. Said minutes shall be provided to the IPIB.
The terms of this informal resolution will be completed within 60 days of acceptance by all parties. Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.
THIS INFORMAL RESOLUTION HAS BEEN REVIEWED AND APPROVED BY THE FOLLOWING:
__________________________ _____________
Shawn Harden Date
_____________________________________ _____________
Buchanan County Board of Supervisors (Chair) Date of Meeting
IPIB:
__________________________ _____________
Chair Date
The Iowa Public Information Board
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In re the Matter of: Shawn Harden, Complainant And Concerning: Buchanan County Board of Supervisors, Respondent |
Case Number: 18FC:0020 Final Order |
THIS MATTER comes before the Iowa Public Information Board (IPIB) for acceptance of the informal resolution and review of compliance on the informal resolution of this complaint.
The IPIB accepted this formal complaint on April 19, 2018. Pursuant to Iowa Code section 23.9, IPIB staff worked with the parties to reach an informal resolution.
Shawn Harden approved the informal resolution on May 30, 2018. The Buchanan Board of Supervisors (Board) approved the informal resolution at an open meeting on June 11, 2018. The informal resolution contemplated that the terms will be completed within 60 days of acceptance by all parties.
The terms were completed on June 18, 2018. The informal resolution was included in the Board’s minutes of the June 11, 2018, meeting. The IPIB provided training to the Board and other county employees on June 18, 2018.
The IPIB finds that terms of the Informal Resolution are appropriate and have been completed. Pursuant to the terms of the informal resolution, this complaint can be dismissed as successfully completed.
IT IS THEREFORE ORDERED that the informal resolution is approved, that the IPIB chair shall sign the informal resolution, and that this complaint is dismissed as successfully resolved.
SO ORDERED this 21st day of June, 2018.
_________________________________
IPIB chair
Cc: Shawn Harden
Buchanan County Board of Supervisors