Date:
06/17/2021
Subject:
Steven Watson/Indiana Township Board of Trustees - Final Report & Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Steven Watson, Complainant And Concerning: Indiana Township Board of Trustees, Respondent |
Case Number 21FC:0011
Final Order |
This matter comes before the Iowa Public Information Board (IPIB) this 17th day of June, 2021, to consider the Final Report and review the completion of the terms of the Informal Resolution.
The IPIB accepted the complaint against the Indiana Township Board of Trustees on March 18, 2021. Pursuant to Iowa Code section 23.9, the parties negotiated and reached a proposed Informal Resolution.
The Board approved the Informal Resolution on April 15, 2021. Proof of completion of the terms and conditions of the Informal Resolution has been provided to IPIB staff.
Pursuant to the terms of the Informal Resolution, this complaint is dismissed as successfully resolved.
_______________________________
IPIB Chair
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of June, 2021, to:
Steven Watson
Indiana Township Board of Trustees
Ross Gibson, Assistant Marion County Attorney
Before the Iowa Public Information Board
|
In re the Matter of: Steven Watson, Complainant And Concerning: Indiana Township Board of Trustees, Respondent |
Case Number 21FC:0011
Final Report |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits this Final Report recommending dismissal of the formal complaint as successfully completed.
On February 22, 2021, Steven Watson filed formal complaint 21FC:0011, alleging that the Indiana Township Board of Trustees (Trustees) violated Iowa Code chapter 21.
Mr. Watson alleged that on January 26, 2021, the Trustees held a meeting without providing proper notice as required by Iowa Code chapter 21.
On March 3, 2021, the clerk for the Trustees sent a copy of the agenda and minutes for the Trustees’ meeting. She noted that the meeting was open, but that there was no public posting. She also noted that it has not been common practice to post public notice of every Trustees meeting.
All township boards of trustees are governmental bodies as defined by Iowa Code section 21.2(1), and, therefore, required to follow the open meetings laws. This includes having a properly posted notice and agenda, and preparing proper minutes for every meeting. It appears that has not been consistently occurring with Indiana Township and, possibly, with other Marion County townships as well.
The Iowa State University Extension publishes a handbook for trustees and can provide training on open meetings and public records laws, as well as on other trustees’ duties and responsibilities.
The IPIB accepted this complaint on March 18, 2021. Pursuant to Iowa Code section 23.9, the parties negotiated the terms for an informal resolution of this complaint.
The parties agreed to the following terms:
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The Indiana Township Board of Trustees is a governmental body as defined by Iowa Code section 21.2(1) and subject to the open meetings requirements of Iowa Code chapter 21.
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The Indiana Township Board of Trustees will follow the requirements of Iowa Code chapter 21 for the proper posting of a notice and agenda, as well as the proper preparation of meeting minutes. The Indiana Township Board of Trustees will follow all other requirements of Iowa Code chapter 21.
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The Indiana Township Board of Trustees will acquire copies of the “Township Trustee and Clerk Reference Manual” produced by Iowa State University Extension and Outreach for all trustees and clerks of the Township.
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The Indiana Township Board of Trustees will engage in appropriate training on Iowa Code chapters 21 and 22 provided by the Marion County attorney or by ISU Extension and Outreach.
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The Informal Resolution will be reviewed and approved at a properly noticed meeting of the Indiana Township Board of Trustees and included in the minutes of this meeting.
The terms of this informal resolution were to be completed within 60 days of acceptance by all parties. Upon showing proof of compliance, the IPIB agreed to dismiss this complaint as successfully resolved.
Mr. Watson approved the Informal Resolution on April 8, 2021. The Trustees approved the Informal Resolution on April 13, 2021. The IPIB approved the informal resolution on April 15, 2021.
The Trustees have provided documentation of the completion of all the terms and conditions of the informal resolution. Therefore, pursuant to the terms of the informal resolution, the IPIB will dismiss this complaint as successfully resolved.
It is recommended that the IPIB dismiss this complaint as successfully resolved.
Submitted this 17th day of June 2021.
_____________________________________
Margaret E. Johnson, J.D.
Executive Director
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of June, 2021, to:
Steven Watson
Indiana Township Board of Trustees
Ross Gibson, Assistant Marion County Attorney