Date:
07/19/2018
Subject:
Hillary Authier/Kensett Library Board of Trustees - Acceptance Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Hillary Authier, Complainant And Concerning: Kensett Library Board of Trustees, Respondent |
Case Number: 18FC:0050 Acceptance Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.
On June 14, 2018, Hillary Authier filed this formal complaint against the Kensett Library Board of Trustees (Board) alleging a violation of Iowa Code chapter 21. She alleged that the Board met on June 14, 2018, without properly posting notice and an agenda.
Ms. Authier stated that on June 13, 2018, she observed four of the five Board members present at the library, discussing library business. The meeting had been convened without notice to Ms. Autnier, the library director. Therefore, there was no notice or agenda posted, as Ms. Authier would have been the person responsible for doing this.
The Board President responded to the complaint, stating that they did meet without a notice or agenda and explained that the purpose of the meeting was to discuss Ms. Authier’s performance as library director. She further stated that she was unaware that a majority of Board members meeting to discuss library business is considered a meeting under Iowa Code section 21.2(2), triggering the requirements of the open meetings laws.
Minutes were prepared and presented at the next Board meeting, confirming a meeting had occurred.
Ms. Authier asked for the IPIB to provide training to the Board to avoid future violations.
The Board is a governmental body as defined by Iowa Code 21.2(1). The State Library of Iowa has posted a Handbook on its website that outlines the Board’s responsibility for complying with the open meetings law.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint meets those requirements.
IT IS SO ORDERED: Formal complaint 18FC:0050 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). Parties are directed to engage in reaching an informal resolution, with the assistance of IPIB staff, pursuant to Iowa Code section 23.9.
Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.” The IPIB will review this Order on July 19, 2018. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
_________________________________
Margaret E. Johnson, J.D.
Dated this ____ day of July, 2018.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of July, 2018, to:
Hillary Authier
Ann Smith, President of the Kensett Library Board of Trustees