Date:
11/15/2018
Subject:
James Goff/Iowa Dept for the Blind - Acceptance Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: James Goff, Complainant And Concerning: Iowa Department for the Blind, Respondent |
Case Number: 18FC:0092 Acceptance Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.
James Goff filed formal complaint 18FC:0092 on October 7, 2018. He alleged that the Iowa Department for the Blind (IDB) violated Iowa Code chapter 21 when the IDB held a meeting without providing notice or an agenda and by not taking minutes of the meeting.
The IDB held a statewide Business Enterprise Program (BEP) meeting on September 21, 2018. This meeting is held every year to take action on matters pertaining to programming opportunities for blind vendors. The meeting does not comply with Iowa Code chapter 21.
During this annual meeting, the five members of the BEP Committee are in attendance. Under Iowa Administrative rule 111-7.2, this Committee “actively participates in routine, ongoing policy making for the business enterprise program.” By rule 111-7.4, the statewide meeting is established by the IDB and the Committee. Rule 111-7.5 directs the BEP licensees to select the members of the Committee.
Rules in chapter 111 of the Iowa Administrative Code also establish the authority and responsibility of the BEP Committee to make policy decisions. Chapter 111 rules are authorized by Iowa Code chapter 216D.
The BEP Committee meets the definition of a governmental body pursuant to Iowa Code section 21.2(c) and, therefore, should comply with open meetings pursuant to Iowa Code chapter 21.
If a majority of the BEP Committee meets during the BEP annual meeting, such as they did on September 21, 2018, an agenda and notice should be posted and minutes should be kept.
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:0092 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 November 15, 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.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of November, 2018, to:
James Goff
Caroline Barrett, counsel for IDB