Date:
02/21/2019
Subject:
James Goff/Iowa Dept for the Blind -Probable Cause and Order
Opinion:
Before 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 Probable Cause Report |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits this Probable Cause Report:
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 on September 21, 2018, 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 yearly 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 βactively participates in routine, ongoing policy making for the business enterprise program.β 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.
The IPIB accepted the complaint on November 15, 2018, and directed staff to negotiate an informal resolution pursuant to Iowa Code section 23.9. Brett Toresdahl, IPIB Administrator, proposed an informal resolution that asked the IDB to acknowledge that the described actions occurred and agree to ensure that future meetings of the BEP follow the provisions of Iowa Code chapter 21.
Legal counsel for the IDB did not agree that the BEP was a governmental body, subject to Iowa Code chapter 21, but did agree to the terms of the informal resolution. In addition, legal counsel stated that the IDB would take steps to modify the administrative rules governing the IDP and the BEP to avoid any future issues with open meetings.
Mr. Goff did not agree to an informal resolution. He requested that the IPIB void all past activities of the BEP, even with meetings that are not within the jurisdiction of the IPIB under Iowa Code section 23.7(1). His original complaint only requested that the IPIB βask that minutes are kept along with records of votes taken and financial information given on votes taken to award the department with set aside money.β
IPIB Action
The IPIB has several options upon receipt of a probable cause report. According to Iowa Administrative Rule 497 - 2.2(4):
βBoard action. Upon receipt and review of the staff investigative report and any recommendations, the board may:
a. Redirect the matter for further investigation;
b. Dismiss the matter for lack of probable cause to believe a violation has occurred;
c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter;
d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding; or
e. Direct administrative resolution of the matter under subrule 2.1(6) without making a determination as to whether a violation occurred.β
Subrule (e), above references subrule 2.1(6), which states:
β2.1(6) Administrative resolution. To assist with resolving complaints in an informal and expeditious manner, the board may, at any time during the complaint process, order administrative resolution of a matter by directing that a person take specified remedial action. A board order directing remedial action shall constitute final agency action for purposes of judicial review under Iowa Code chapter 17A.β
Recommendation
There is probable cause to believe that a violation of Iowa Code chapter 21 occurred. The IDB does not agree that the BEP is a governmental body within the definition provided in Iowa Code section 21.1(1), but has agreed to take corrective actions to ensure that this question does not arise in future BEP meetings. At this time, there is nothing further to be gained by pursuing a contested hearing.
It is therefore recommended that the IPIB make a finding that there is probable cause to believe that a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter pursuant to Iowa Code section 23.10 and Iowa Administrative Rule 497 - 2.2(4)(c). The IDB has taken steps to ensure there are no future concerns with Chapter 21 compliance.
By the IPIB Executive Director
_________________________________
Margaret E. Johnson, J.D.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of February, 2019, to:
James Goff
Caroline Barrett, Assistant Attorney General
Emily Wharton, Iowa Department for the Blind
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 Probable Cause Order |
This matter comes before the Iowa Public Information Board (IPIB) this 21st day of February 2019, to consider a Probable Cause Report.
The Probable Cause Report recommends that the IPIB determine that probable cause does exist to believe that the Iowa Department for the Blind (IDB) violated Iowa Code chapter 21.
The Probable Cause Report also recommends that the IPIB dismiss this complaint as an exercise of administrative discretion as appropriate remedial actions have been taken by the IDB.
The IPIB finds that there is probable cause to believe that the IDB violated Iowa Code chapter 21. The IPIB further finds that remedial actions have been taken and that it is appropriate to exercise administrative discretion and dismiss this complaint.
Pursuant to Iowa Administrative Rule 497-2.2(4)(c) the IPIB adopts the findings and recommendations of the Probable Cause Report, enters a finding of probable cause, and dismisses this complaint.
So ordered this 21st day of February, 2019.
_____________________________________
IPIB Chair
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of February, 2019, to:
James Goff
Caroline Barrett, Assistant Attorney General
Emily Wharton, Iowa Department for the Blind