Date:
10/15/2020
Subject:
Jean Lewis/Jasper County Board of Health - Informal Resolution Report & Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Jean Lewis, Complainant And Concerning: Jasper County Board of Health, Respondent |
Case Number: 20FC:0075
Informal Resolution Order
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This matter comes before the Iowa Public Information Board (IPIB) this 15th day of October, 2020, to consider the Acceptance of an Informal Resolution.
The IPIB accepted the complaint against the Jasper County Board of Health on August 20, 2020. Pursuant to Iowa Code section 23.9, the parties negotiated and reached a proposed Informal Resolution.
The Board has reviewed the informal resolution and approves it pursuant to Iowa Administrative Rule 497-2.4(3). The IPIB chair is directed to sign the Informal Resolution on behalf of the IPIB.
The parties have 90 days to complete the proposed terms from today’s date. If the terms of the Informal Resolution are completed, the IPIB will dismiss the complaint.
_______________________________
IPIB Chair
CERTIFICATE OF SERVICE
This document was sent by electronic mail on the _________ day of ___________, 2020, to:
Jean Lewis
Jasper County Board of Health, Scott Nicholson, county attorney
Before The Iowa Public Information Board
|
In re the Matter of: Jean Lewis, Complainant And Concerning: Jasper County Board of Health, Respondent |
Case Number: 20FC:0075
Informal Resolution Report
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and respectfully submits this Informal Resolution Report:
On July 16, 2020, Jean Lewis filed formal complaint 20FC:0075, alleging that the Jasper County Board of Health (Board) violated Iowa Code chapter 21 at a meeting on July 9, 2020.
The IPIB accepted the complaint on August 20, 2020, and directed IPIB staff to assist the parties in adopting an informal resolution. The parties have approved an informal resolution as described in the attached report by Brett Toresdahl, IPIB deputy director.
The terms of the informal resolution are to be completed within 90 days of acceptance by all parties. Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.
It is recommended that the IPIB approve the proposed informal resolution, direct the IPIB chair to sign the informal resolution, and set the matter for compliance review in accordance with the terms of the informal resolution.
Respectfully submitted,
Margaret E. Johnson, J.D.
Executive Director
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of October, 2020, to:
Jean Lewis
Jasper County Board of Health, Scott Nicholson, county attorney
Jean Lewis, Complainant
And
Jasper County Board of Health, Respondent
Case Number: 20FC:0075
On July 16, 2020, Jean Lewis filed formal complaint 20FC:0075, alleging that the Jasper County Board of Health (Board) violated Iowa Code chapter 21 at a meeting on July 9, 2020. She alleged that the agenda for that meeting was insufficient and did not properly inform the public of the action to be taken.
The agenda for the meeting in question listed the following agenda items:
Old Business:
Building
Budget
New Business:
Program Reports:
On July 27, 2020, the Jasper county attorney responded to the complaint. He stated that the agenda item “Budget” was sufficient to notify the public as it “notices the public that the BOH (Board of Health) budget will be discussed in some way, shape, or form.” He added that there was more than one area of the budget discussed.
Iowa Code section 21.4(1)(a) requires the posting of an agenda that is “reasonably calculated to apprise the public of that information.” As recommended by the IPIB in a FAQ (frequently asked question) on the IPIB website, an agenda “must include more information than simply reciting such catchall items as ‘Approval of minutes; old business; new business,’ or by using the same agenda contents for meeting after meeting.” The FAQ also references a 1991 Iowa Supreme Court decision that provides additional guidance:
The agenda for the July 9, 2020, Board meeting was insufficient and did not provide adequate notice.
The Iowa Public Information Board (IPIB) accepted the formal complaint on August 20, 2020, as to the violation of Iowa Code section 21 and specifically 21.4(1)(a), violation of the requirements to provide adequate notice.
Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution.
The parties agree to the following terms:
- The Board will acknowledge during an open meeting that the requirements for posting an agenda that provides adequate notice was not met, and this acknowledgement be recorded in the minutes of said meeting.
- The Board Chair and Administrator shall create a checklist for providing notice for meetings including developing a procedure for drafting detailed agendas.
- The Board shall conduct training for all Board members and staff on Iowa Code chapters 21 and 22 (Sunshine Laws). The Board may utilize the powerpoint training available on the IPIB website. The Board shall work with the county attorney to provide the training to the Board and staff.
- 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 90 days of acceptance by all parties. Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.
The Board of Health approved the informal resolution at a meeting on September 10, 2020.
Ms. Lewis approved the informal resolution on September 18, 2020.
The IPIB Deputy Director recommends that the IPIB approve the informal resolution and authorize the IPIB Chair to sign the informal resolution on behalf of the IPIB.
By the IPIB Deputy Director
_________________________________
Brett J. Toresdahl