23FC:0074: Chad Miller/Scott County Board of Review - Informal Resolution Report & Order

The Iowa Public Information Board

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 IPIB.

If the terms of the Informal Resolution are completed within the specified timeframe, IPIB will dismiss the complaint.

So Ordered November 16, 2023.

__________________________________________

IPIB Chair

The Iowa Public Information Board

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 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 prior to the Scott County Board of Review’s required 2024 session start date. Upon successful completion of all terms, IPIB shall dismiss this complaint.

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