Date:
09/15/2022
Subject:
Tom Drish/Jefferson County Board of Supervisors - Informal Resolution Report & Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Tom Drish, Complainant And Concerning: Jefferson County Board of Supervisors, Respondent |
Case Number: 22FC:0049
Informal Resolution Order
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This matter comes before the Iowa Public Information Board (IPIB) this 15th day of September, 2022, to consider the Acceptance of an Informal Resolution.
Tom Drish filed formal complaint 22FC:0049 on May 26, 2022, alleging that the Jefferson County Board of Supervisors (Board) violated Iowa Code chapter 21 on May 25, 2022.
The Iowa Public Information Board (IPIB) accepted this complaint on July 21, 2022. Pursuant to Iowa Code section 23.9, the parties have agreed to the terms of an informal resolution.
The Jefferson County Board of Supervisors approved the informal resolution on August 22, 2022. Mr. Drish approved it on August 23, 2022.
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 todayβs date. If the terms of the Informal Resolution are completed, the IPIB will dismiss the complaint.
So Ordered this 15th day of September, 2022.
__________________________________________
IPIB Chair
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of September, 2022, to:
Tom Drish
Chauncey Moulding, Jefferson County Attorney.
Before The Iowa Public Information Board
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In re the Matter of: Tom Drish, Complainant And Concerning: Jefferson County Board of Supervisors, Respondent |
Case Number: 22FC:0049
Informal Resolution Report
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits this Informal Resolution Report:
Tom Drish filed formal complaint 22FC:0049 on May 26, 2022, alleging that the Jefferson County Board of Supervisors (Board) violated Iowa Code chapter 21 on May 25, 2022.
Mr. Drish alleged that the Board held a closed session on May 25, 2022, without posting it on the agenda, without a public vote to go into closed session, and without stating the reason for holding the closed session.
Legal counsel responded to the complaint and acknowledged that the Board did go into closed session on a matter that had not been placed on the agenda. He explained that the need for the closed session came up at the last moment. He agreed that the Board did not vote in open session to hold the closed session and did not state the reason for the closed session.
Iowa Code chapter 21 requires that a governmental body follow a specific procedure to properly hold a closed session. These include placing the matter on the agenda (Iowa Code section 21.4(1)(a)), holding a vote in open session to go into closed session (Iowa Code section 21.5(2)), and announcing the reason for the closed session in open session (Iowa Code section 21.5(2)).
The Iowa Public Information Board (IPIB) accepted this complaint on July 21, 2022. Pursuant to Iowa Code section 23.9, the parties have agreed to the following terms;
- The Jefferson County Board of Supervisors acknowledges that the closed session on May 25, 2022, did not follow the requirements of Iowa Code section 21.5.
- The minutes and recording for the closed session will be made publicly available.
- The Jefferson County Board of Supervisors shall conduct training for all board members on Iowa Code chapters 21 and 22 (Sunshine Laws). They may utilize the powerpoint training available on the IPIB website as a group at a properly noticed meeting or schedule a similar training through the Iowa State Association of Counties or the County Attorney's Office.
- The Jefferson County Board of Supervisors 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 60 days of acceptance by all parties. Upon showing proof of compliance, the IPIB shall dismiss this complaint as successfully resolved.
The Jefferson County Board of Supervisors approved the informal resolution on August 22, 2022. Mr. Drish approved it on August 23, 2022.
Therefore, it is recommended that the IPIB approve the informal resolution, direct the IPIB Chair to sign the informal resolution on behalf of the IPIB, and set this matter for compliance review by the IPIB in 60 days.
By the IPIB Executive Director:
___________________________
Margaret E. Johnson
CERTIFICATE OF SERVICE
This document was sent by electronic mail on the _______ day of September, 2022, to:
Tom Drish
Chauncey Moulding, Jefferson County Attorney.
INFORMAL RESOLUTION
22FC:0049
Tom Drish and the Jefferson County Board of Supervisors
Tom Drish filed formal complaint 22FC:0049 on May 26, 2022, alleging that the Jefferson County Board of Supervisors (Board) violated Iowa Code chapter 21 on May 25, 2022.
Mr. Drish alleged that the Board held a closed session on May 25, 2022, without posting it on the agenda, without a public vote to go into closed session, and without stating the reason for holding the closed session.
Legal counsel responded to the complaint and acknowledged that the Board did go into closed session on a matter that had not been placed on the agenda. He explained that the need for the closed session came up at the last moment. He agreed that the Board did not vote in open session to hold the closed session and did not state the reason for the closed session.
Iowa Code chapter 21 requires that a governmental body follow a specific procedure to properly hold a closed session. These include placing the matter on the agenda (Iowa Code section 21.4(1)(a)), holding a vote in open session to go into closed session (Iowa Code section 21.5(2)), and announcing the reason for the closed session in open session (Iowa Code section 21.5(2)).
The Iowa Public Information Board (IPIB) accepted this complaint on July 21, 2022. Pursuant to Iowa Code section 23.9, the parties have agreed to the following terms;
- The Jefferson County Board of Supervisors acknowledges that the closed session on May 25, 2022, did not follow the requirements of Iowa Code section 21.5.
- The minutes and recording for the closed session will be made publicly available.
- The Jefferson County Board of Supervisors shall conduct training for all board members on Iowa Code chapters 21 and 22 (Sunshine Laws). They may utilize the powerpoint training available on the IPIB website as a group at a properly noticed meeting or schedule a similar training through the Iowa State Association of Counties or the County Attorney's Office.
- The Jefferson County Board of Supervisors 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 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:
__________________________ _____________
Tom Drish Date
___________________________ _____________
Jefferson County Board of Supervisors Date
By: ________________________
(Print Name)
IPIB:
__________________________ _____________
Chair Date