Topics:

Formal Complaints

Date:
09/20/2018

Subject:
Hillary Authier/Kensett Library Board of Trustees - Report

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

 

                                   Report

COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits this Report recommending acceptance of the proposed informal resolution.


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.


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 agree to the following terms:

 

  1. The Board will acknowledge that the described actions occurred.

 

  1. 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.

 

  1. 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.

 

  1. 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.


Therefore, it is recommended that the IPIB approve the informal resolution, allow the IPIB Chair to sign the informal resolution on behalf of the IPIB, and set this matter for compliance review by the IPIB in 60 days.

By the IPIB Executive Director

 

_________________________________

Margaret E. Johnson, J.D.

 

Dated this ____ day of September, 2018.

 

CERTIFICATE OF MAILING

    

This document was sent by electronic and/or regular mail on the ___ day of September, 2018, to:

 

Hillary Authier (electronic mail)

Ann Smith, President of the Kensett Library Board of Trustees (regular mail)