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

Topics:

Formal Complaints

Date:
07/20/2023

Subject:
Concerned Citizen/O’Brien County Conservation Board- Informal Resolution 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

Informal Resolution Report

              

COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and submits this Informal Resolution 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.
IPIB accepted this formal complaint on May 18, 2023. Pursuant to Iowa Code section 23.9, the parties agreed to 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 date of this agreement is the date upon which all parties have signed it, as evidenced by the signature dates below. The parties shall complete all terms of this agreement no later than 60 days from the date of this agreement, except that IPIB staff may allow for reasonable extensions.

Upon successful completion of all terms, IPIB shall dismiss this complaint.

The parties approved and signed the Informal Resolution on June 23, 2023.

It is recommended that the IPIB approve the proposed informal resolution and set the matter for compliance review in accordance with the terms of the informal resolution.

Respectfully submitted,
_________________________
Erika Eckley, J.D.
Executive Director