19FC:0057 Tiffany Johnson/Southern Iowa Trolley Board - Acceptance Order

Date:
06/20/2019

Subject:
Tiffany Johnson/Southern Iowa Trolley Board - Acceptance Order

Opinion:

The Iowa Public Information Board

COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.

Tiffany Johnson filed formal complaint 19FC:0057 on May 28, 2019.  She alleged that the Southern Iowa Trolley Board (Board), a 28E governmental body, violated Iowa Code chapter 21 by holding a meeting without notice.

On May 23, 2019, a meeting of the Board was scheduled for 1 p.m. at the Board offices.  When members of the public arrived for the meeting, they were informed that the Board had met starting at noon. 

The agenda listed an action item of “2019-2020 Town to Town Routes.”  This agenda item was of interest to citizens who utilize the transportation service.  They were concerned that this agenda item was discussed during the closed meeting.

The Board director responded to the initial complaint.  She acknowledged that the Board met that day at noon rather than at 1 p.m. to have lunch.  She stated that the lunch was open to the public, but was not included on the agenda. She was not certain if there was any discussion about the topics on the agenda at 1 p.m. as there were various conversations occurring simultaneously. 

The Board director agreed to modify future agendas to include any pre-meeting gathering of Board members and to provide information to Board members about open meetings and public records.  The Board membership consists of county supervisors from the counties participating in the 28E agreement. 

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 19FC:0057 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 June 20, 2019. 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 June 2019, to:

Tiffany Johnson

Southern Iowa Trolley Board