Date:
05/20/2021
Subject:
Troy Beatty/Evansdale Water Works Board of Trustees - Final Report & Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Troy Beatty, Complainant And Concerning: Evansdale Water Works Board of Trustees, Respondent |
Case Number: 20FC:0087
Final Order
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This matter comes before the Iowa Public Information Board (IPIB) this 20th day of May, 2021, to review the compliance with the terms of an informal resolution.
The IPIB accepted the complaint against the Evansdale Water Works Board of Trustees on October 15, 2020. Pursuant to Iowa Code section 23.9, the parties negotiated and reached a proposed Informal Resolution. The IPIB approved the informal resolution on January 21, 2021.
The terms of the informal resolution have been completed.
Upon showing proof of compliance, the IPIB agreed to dismiss this complaint as resolved..
IT IS THEREFORE ORDERED that this matter is dismissed as successfully resolved through informal resolution.
SO ORDERED this 20th day of May, 2021.
_______________________________
IPIB Chair
CERTIFICATE OF SERVICE
This document was sent by electronic mail on the _________ day of ___________, 2021, to:
Troy Beatty
Pat Galles, legal counsel for the Evansdale Water Works Board of Trustees
Before The Iowa Public Information Board
|
In re the Matter of: Troy Beatty, Complainant And Concerning: Evansdale Water Works Board of Trustees, Respondent |
Case Number: 20FC:0087
Final 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 August 27, 2020, Troy Beatty filed formal complaint 20FC:0087, alleging that the Evansdale Water Works Board of Trustees violated Iowa Code chapter 22.
The IPIB accepted the complaint on October 15, 2020, and directed IPIB staff to assist the parties in adopting an informal resolution. The IPIB approved the informal resolution on January 21, 2021.
The parties have completed the terms of the informal resolution as described in the attached report by Brett Toresdahl, IPIB deputy director. Upon showing proof of compliance, the IPIB agreed to dismiss this complaint as successfully resolved.
It is recommended that the IPIB dismiss this complaint as successfully resolved.
Respectfully submitted,
Margaret E. Johnson, J.D.
Executive Director
CERTIFICATE OF SERVICE
This document was sent by electronic mail on the _________ day of ___________, 2020, to:
Troy Beatty
Pat Galles, legal counsel for the Evansdale Water Works Board of Trustees
Troy Beatty, Complainant
And
Evansdale Water Works Board of Trustees, Respondent
Case Number: 20FC:0087
Informal Resolution Final Report
On August 27, 2020, Troy Beatty filed formal complaint 20FC:0087, alleging that the Evansdale Water Works Board of Trustees (EWW) violated Iowa Code chapter 22.
Mr. Beatty alleged that he, as Mayor of Evansdale, requested copies of five years of timesheets and the operating handbook from the EWW on August 5, 2020. He alleged that the record request was denied on August 19, 2020.
A copy of the Evansdale City Council minutes from the August 4, 2020, meeting was provided by Mayor Beatty. At that meeting, the Council voted to direct the Mayor to acquire copies of the records to review and report back to the City Council.
Legal counsel for the EWW contacted the IPIB on September 4, 2020, and indicated he would file a response. On September 14, 2020, legal counsel again contacted the IPIB and indicated that he was trying to retrieve the requested records.
On September 30, 2020, Mayor Beatty advised the IPIB that he had received some records, but he was still missing the 2020 documents. No information was provided by the EWW to explain the delay.
The Iowa Public Information Board (IPIB) accepted the formal complaint on October 15, 2020, as it pertains to the failure to release a public record in a timely manner.
Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution.
The parties agree to the following terms:
- The Evansdale Water Works Board of Trustees will acknowledge during an open meeting that the requirements for the release of public records in a timely manner was not met, and this acknowledgement will be recorded in the minutes of said meeting.
- The Evansdale Water Works Board of Trustees shall establish a policy for public records requests in accordance with Iowa Code chapter 22 including a fee schedule for the retrieval, review, and release of public records based upon actual costs. This policy shall be approved at a Board meeting, and a copy shall be provided to the IPIB.
- The Evansdale Water Works Board of Trustees shall conduct training during an open meeting 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 their legal counsel to provide the training to the Board and staff.
- Mr. Beatty shall be provided with the public records that he has requested and not received. Documentation that this request has been fulfilled shall be provided to the IPIB.
- 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 Vice-Chair of the EWW Board of Trustees, Dorthy Wear approved the informal resolution on January 8, 2021.
Mr. Beatty approved the informal resolution on October 30, 2020.
The IPIB approved the informal resolution on January 21, 2021.
Summary of the terms:
The Evansdale Water Works Board of Trustees acknowledged a violation of Iowa Code chapter 22. It approved the informal resolution at its April 20, 2021, Board meeting and included the full text in its minutes. A copy of the minutes has been provided to the IPIB. The Board established on April 20, 2021, a policy for public records requests in accordance with Iowa Code chapter 22, including a fee schedule for the retrieval, review, and release of public records based upon actual costs. A copy of this policy has been provided to the IPIB. On April 20, 2021, the Board members participated in training led by their attorney. The minutes of this meeting was provided to the IPIB. Mr. Beatty confirmed on March 18, 2021, that had received the public records which were the subject of this complaint.
The proof of compliance has been provided. Therefore, the IPIB should dismiss this complaint as successfully resolved.
By the IPIB Deputy Director
_________________________________
Brett J. Toresdahl