Topics:

Formal Complaints

Date:
07/18/2024

Subject:
Chad Miller/Scott County Board of Review - Final Report

Opinion:

The Iowa Public Information Board

In re the Matter of:

Chad Miller, Complainant


And Concerning:

Scott County Board of Review,  Respondent

Case Number:  23FC:0074

Final Report

              

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

On July 9, 2023, Chad Miller filed formal complaint 23FC:0074, alleging that Scott County Board of Review (Board) violated Iowa Code chapter 21.

In his complaint, Mr. Miller alleged the Scott County Board of Review failed to comply with requirements of Iowa Code chapter 21 because the meeting minutes did not include the vote of the Board, the meetings were not conducted openly and only one petitioner is allowed in the meeting at a time. He alleged the public cannot listen to other petitioners and that the petitioners are required to leave before the board votes and are not able to listen to any discussion between the Board and Scott County Assessor representatives.

The Iowa Public Information Board (IPIB) accepted the complaint on September 20, 2023.  Pursuant to Iowa Code section 23.9, the parties have agreed upon the following terms for an informal resolution of this matter:

  1. Establishing a policy or procedure to ensure the Board’s minutes reflect the requirements of Chapter 21. 
  2. Establishing a policy or procedure to ensure all activities of the Board are done in compliance with Iowa Code chapter 21’s open meeting requirements and that this is clearly articulated/communicated to all individuals.

The parties approved and signed the Informal Resolution on November 1, 2023.

The Scott County Board of Review was in session beginning May 1 and concluded May 31 as required by statute. 

The Board, through the County Assessor, provided the minutes from the meetings in 2024. The format of the results of the individual protests was changed to be sorted and provided with the additional details of the open meeting held. The new format shows the date of the hearing and decision, the votes of the Board, and the final disposition of the Board on the protest. Previously, this information was not consolidated and did not include the information necessary.

The Board is encouraged to continue to find ways to make their protest meetings as transparent and open as possible, including ensuring the public and individuals filing a protest are informed of processes and procedure of the Board in reviewing the disputes.

Because the terms of the Informal Resolution were met, the Board should dismiss the Complaint as resolved.

Respectfully submitted,

_________________________

Erika Eckley, J.D.
Executive Director