Date:
03/19/2020
Subject:
Don McGregor/Kossuth County EMS Board - Acceptance Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Don McGregor, Complainant And Concerning: Kossuth County EMS Board, Respondent |
Case Number: 20FC:0015
Acceptance Order
|
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order:
On February 10, 2020, Don McGregor filed formal complaint 20FC:0015, alleging that the Kossuth County EMS Board (Board) violated Iowa Code chapter 21 at a Board meeting on January 21, 2020.
At this meeting, Mr. McGregor alleged that the Board improperly held a closed session pursuant to Iowa Code 21.5. The agenda states “Closed session for discussion of board officer positions.” The minutes state: “Stecker made a motion to go into closed session 21.5i, Nelson second. Motion carried.”
Mr. McGregor requested that the IPIB obtain and release the recording of the closed session.
The Board responded to the complaint on February 28, 2020, stating that the discussion concerned the Board chairman’s personnel issues. Although the response stated that a roll call vote was held, the minutes do not reflect this. The closed session was not recorded as required by Iowa Code section 21.5(5).
Because of the various examples of the Board’s lack of knowledge of the requirements of Iowa Code chapter 21, it is appropriate to accept this complaint and provide training.
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 20FC:0015 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). Parties are directed to work with IPIB staff to reach an informal resolution as required by 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 March 19, 2020. 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
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of March, 2020, to:
Don McGregor
Kossuth County EMS Board
1 A review of the minutes submitted indicates that the Board does not follow the requirements of Iowa Code section 21.3: “The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present.”