Date:
04/15/2021
Subject:
Steven Watson/Indiana Township Board of Trustees - Informal Resolution 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
Informal Resolution Order
|
This matter comes before the Iowa Public Information Board (IPIB) this 15th day of April, 2021, to consider the Acceptance of an 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 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 60 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
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
Informal Resolution Report |
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:
-
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.
-
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.
-
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.
-
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 will be completed within 60 days of acceptance by all parties. Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.
Mr. Watson approved the Informal Resolution on April 8, 2021. The Trustees have scheduled a meeting to approve the Informal Resolution on April 13, 2021.
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.
Submitted this 15th day of April 2021.
_____________________________________
Margaret E. Johnson, J.D.
Executive Director
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of April, 2021, to:
Steven Watson
Indiana Township Board of Trustees
Ross Gibson, Assistant Marion County Attorney
INFORMAL RESOLUTION
21FC:0011
Steven Watson/Indiana Township Board of Trustees
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 law. This includes properly posted notice and agenda, and 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 agree to the following terms:
-
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.
-
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.
-
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.
-
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.
-
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 will be completed within 60 days of acceptance by all parties. Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.
THIS INFORMAL RESOLUTION HAS BEEN REVIEWED AND APPROVED BY THE FOLLOWING:
__________________________ _____________
Steven Watson Date
___________________________ _____________
Authorized Representative Date
Indiana Township Board of Trustees
By: ________________________
(Print Name)
IPIB:
__________________________ _____________
Chair Date