22FC:0049 Tom Drish/Jefferson County Board of Supevisor

Date:
07/21/2022

Subject:
Tom Drish/Jefferson County Board of Supevisor

Opinion:

The Iowa Public Information Board

COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.

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 21requires 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)).

Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint does meet those requiremenSO ORDERED:  Formal complaint 22FC:0049 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a).  Parties shall cooperate with IPIB staff to reach an appropriate informal resolution to resolve the complaint pursuant to Iowa Code section 23.9.

Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.”  The IPIB will review this Order on July 21, 2022.  Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.

By the IPIB Executive Director

________________________________

Margaret E. Johnson

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of July,  2022, to:

Tom Drish

Chauncey Moulding, county attorney