Date:
10/18/2018
Subject:
Hillary Authier/Kensett Library Board of Trustees - Final Report & Order
Opinion:
Before 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 Final Report |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits this Final Report noting compliance with the terms of the informal resolution and recommending dismissal of this complaint.
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. Authier, 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. Authierβs 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 Boardβs responsibility for complying with the open meetings law.
The Iowa Public Information Board (IPIB) accepted the formal complaint on July 19, 2018. Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution.
The parties agreed to the following terms:
1. The Board will acknowledge that the described actions occurred.
2. The Board will acknowledge that the agenda and notice must be posted anytime a majority of the Board meets to deliberate or take action on Board matters.
β3. 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.
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 IPIB approved the informal resolution on September 20, 2018.
The terms of this informal resolution were required to be completed within 60 days of acceptance by all parties. Upon showing proof of compliance, the IPIB agreed to dismiss this complaint as successfully resolved.
The Board provided a copy of its minutes from the September 6, 2018, meeting of the Board. During that meeting, the members conducted the required training, approved the informal resolution, and attached that to the minutes. The terms of the informal resolution have been completed.
Pursuant to the terms of the informal resolution, this complaint should be dismissed.
By the IPIB Executive Director
_________________________________
Margaret E. Johnson, J.D.
Dated this ____ day of October, 2018.
CERTIFICATE OF MAILING
This document was sent by electronic and/or regular mail on the ___ day of October, 2018, to:
Hillary Authier (electronic mail)
Ann Smith, President of the Kensett Library Board of Trustees (regular mail)
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 Final Order |
THIS MATTER comes before the Iowa Public Information Board (IPIB) for review of compliance with the informal resolution.
The IPIB finds that the terms of the Informal Resolution have been completed.
IT IS THEREFORE ORDERED that this complaint is dismissed pursuant to receipt of proof of compliance according to the terms of the informal resolution.
SO ORDERED this 18th day of October, 2018.
_________________________________
IPIB chair
Cc: Hillary Authier
Ann Smith, President of the Kensett Library Board of Trustees