Date:
09/20/2018
Subject:
Brian Rife/Harrison County Board of Supervisors - Informal Resolution Report & Final Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Brian Rife, Complainant And Concerning: Harrison County Board of Supervisors, Respondent |
Case Number: 18FC:0041 Informal Resolution Order |
THIS MATTER comes before the Iowa Public Information Board (IPIB) for review of compliance.
The IPIB accepted this formal complaint on June 21, 2018. Pursuant to Iowa Code section 23.9, IPIB staff worked with the parties to reach an informal resolution.
The Complainant and the Respondent approved the Informal Resolution, which was accepted by the IPIB on July 19, 2108. The Informal Resolution contemplated that the terms would be completed within 60 days of acceptance by all parties, and that upon completion, the complaint would be dismissed.
The terms of the Informal Resolution have been completed and proof of compliance filed with the IPIB.
IT IS THEREFORE ORDERED that the informal resolution is dismissed pursuant to the terms of the informal resolution.
SO ORDERED this 20th day of September, 2018.
_________________________________
IPIB chair
Cc: Brian Rife
Jennifer Mumm, Harrison County Attorney
Before The Iowa Public Information Board
|
In re the Matter of: Brian Rife, Complainant And Concerning: Harrison County Board of Supervisors, Respondent |
Case Number: 18FC:0041 Final Report |
COMES NOW Margaret E. Johnson, Executive Director of the Iowa Public Information Board (IPIB) and submits the following report concerning the Informal Resolution in this matter:
The IPIB accepted this formal complaint on June 21, 2018. Pursuant to Iowa Code section 23.9, IPIB staff worked with the parties to reach an informal resolution.
The Complainant and the Respondent approved the Informal Resolution which was accepted by the IPIB on July 19, 2108. The Informal Resolution contemplated that the terms would be completed within 60 days of acceptance by all parties, and that upon completion, the complaint would be dismissed.
The terms of the Informal Resolution have been completed and proof of compliance filed with the IPIB.
It is recommended that the IPIB dismiss this complaint as successfully completed pursuant to the terms of the Informal Resolution.
Respectfully Submitted this ___ day of September, 2018.
_________________________________
Margaret E. Johnson, JD
Executive Director
Cc: Brian Rife
Jennifer Mumm, Harrison County Attorney
The Iowa Public Information Board
|
In re the Matter of: Brian Rife, Complainant And Concerning: Harrison County Board of Supervisors, Respondent |
Case Number: 18FC:0041 Informal Resolution Order |
THIS MATTER comes before the Iowa Public Information Board (IPIB) for acceptance of the informal resolution.
The IPIB finds that terms of the Informal Resolution are appropriate.
IT IS THEREFORE ORDERED that the informal resolution is approved and that the IPIB chair shall sign the informal resolution. Verification of the completion of the terms is due to the IPIB by September 17, 2018.
SO ORDERED this 19th day of July, 2018.
_________________________________
IPIB chair
Cc: Brian Rife
Jennifer Mumm, Harrison County Attorney
Before The Iowa Public Information Board
|
In re the Matter of: Brian Rife, Complainant And Concerning: Harrison County Board of Supervisors, Respondent |
Case Number: 18FC:0041 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 June 21, 2018. Pursuant to Iowa Code section 23.9, IPIB staff worked with the parties to reach an informal resolution.
The Complainant and the Respondent have approved the Informal Resolution. The Informal Resolution contemplates that the terms will be completed within 60 days of acceptance by all parties. Upon completion, the complaint will be dismissed.
It is recommended that the IPIB approve the informal resolution and direct the IPIB chair to sign it. Verification of the completion of the terms are due to the IPIB by September 17, 2018.
Respectfully Submitted this ___ day of July, 2018.
_________________________________
Margaret E. Johnson, JD
Executive Director
Cc: Brian Rife
Jennifer Mumm, Harrison County Attorney
INFORMAL RESOLUTION
18FC:0041
Brian Rife and the Harrison County Board of Supervisors
On May 29, 2018, Brian Rife filed a formal complaint against the Harrison County Board of Supervisors (Board) alleging a violation of Iowa Code chapter 21. He alleged that the Board’s meeting on April 12, 2018, did not comply with the requirements for proper notice.
The Board responded to the IPIB that one discussion item, a resolution concerning a road embargo, had inadvertently been left off the agenda. This was determined to be a violation of Iowa Code section 21.4(1)(a).
Mr. Rife also alleged that the resolution was improperly passed because a roll call vote was not taken. The proper manner to adopt a resolution is not addressed in Iowa Code chapter 21. Therefore, the IPIB does not have jurisdiction over this matter. (A copy of the resolution was provided to the IPIB which indicates a roll call vote was taken.)
Mr. Rife also alleged that the resolution was changed by the engineer and asked the IPIB to determine that the embargo was improperly enacted. The engineer’s notes provided by the Board for IPIB review had some inaccuracies, according to the county auditor, but the actual resolution that was adopted did not contain these inaccuracies.
The Iowa Public Information Board (IPIB) accepted the formal complaint only as to the violation of Iowa Code section 21.4(1)(a) with the omission of an item on the April 12, 2018, agenda. The rest of the complaint was dismissed as legally insufficient.
Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution.
The parties agree to the following terms:
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The Board will acknowledge that the described actions occurred.
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The Board will acknowledge that the agenda for the April 12, 2018, meeting was defective because an agenda item was left off the agenda.
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The Board shall conduct training for all Board members on Iowa Code chapters 21 and 22 (Sunshine Laws). The Board may utilize the powerpoint training available on the IPIB website. The County Attorney may conduct the training.
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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:
__________________________ _____________
Brian Rife Date
_____________________________________ _____________
Harrison County Board of Supervisors (Chair) Date of Meeting
IPIB:
__________________________ _____________
Chair Date