23FC:0035: Concerned Citizen/O’Brien County Conservation Board - Final Report

Topics:

Formal Complaints

Date:
08/17/2023

Subject:
Concerned Citizen/O’Brien County Conservation Board - Final Report

Opinion:

The Iowa Public Information Board

In re the Matter of:

Concerned Citizen, Complainant


And Concerning:

O’Brien County Conservation Board,  Respondent

  

Case Number:  23FC:0035

Final Report

              

COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Final Report:

On March 9, 2023, Concerned Citizen filed formal complaint 23FC:0035, alleging that O’Brien County Conservation Board (Board) violated Iowa Code chapter 21 when an informal meeting was held by a quorum of the Board deliberating on issues within the purview of the Board following the official meeting of the Board.

IPIB accepted this formal complaint on May 18, 2023. IPIB approved the terms of the Informal Agreement on July 20, 2023. The Agreement had the following terms:

  1. The O’Brien County Conservation Board will acknowledge that there are sufficient facts to show that on February 8, 2023, the Board held a meeting in violation of Iowa Code Chapter 21 at the Prairie Heritage Center. This meeting included a majority of the Board who held a discussion about issues within the scope of the policy-making role of the Board after an official board meeting ended.
  2. The O’Brien County Conservation Board will acknowledge that Iowa Code Chapter 21 requires that all meetings of the Board require public notice and an agenda provided at least 24 hours in advance of a meeting and that all discussion of Board policy is to be done within the scope of Chapter 21.
  3. All members of the O’Brien County Conservation Board will attend training on Iowa Code chapters 21 and 22 during an open and public meeting, to be scheduled and presented by the Iowa Public Information Board staff.
  4. Members of the O’Brien County Conservation Board will acknowledge that under Iowa Code § 21.6(3) that continued violations of Iowa’s Open Meetings Law can result in fines assessed to individual members of the Board in addition to removal from office.
  5. The O’Brien County Conservation Board will approve this Informal Resolution at an open and public meeting and will include this Informal Resolution in the official minutes of said meeting.

The terms of the informal resolution, as adopted by the IPIB on July 20, 2023, have been successfully completed.  IPIB Staff presented training to the Board on Chapter 21 and 22 and addressed these issues. The Board has posted the Informal Resolution with its minutes on its website. According to the terms of the informal resolution, this complaint may be dismissed.

Therefore, it is recommended that the IPIB dismiss this complaint as successfully resolved through an informal resolution.

Respectfully submitted,

Erika Eckley, J.D.
Executive Director