The Iowa Public Information Board
In re the Matter of: Leslie Wiles, Complainant Pauletta Cox, Complainant And Concerning: Redfield Public Library, Respondent |
Case Number: 23FC:0096 & 23FC:0097
Consolidation & Acceptance Order
|
|---|
COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Consolidation & Acceptance Order.
Facts
Leslie Wiles filed formal complaint 23FC:0096 on October 9, 2023, alleging that the Redfield Public Library violated both Iowa Code chapter 21 & 22 on August 11, 2023, and August 30, 2023.
Ms. Wiles alleged that a private meeting took place on August 11, 2023, in which four board members and the Library Director attended. Ms. Wiles did not see an agenda or minutes from the meeting. Ms. Wiles also alleges that another meeting was held on August 30, 2023, in which a quorum was present. There was nothing posted or any agenda and minutes of the meeting.
Ms. Wiles did not provide any information regarding an alleged violation to Iowa Code chapter 22.
Pauletta Cox filed a formal complaint 23FC:0097 on October 9, 2023, alleging that the Redfield Public Library violated Iowa Code chapter 21 on August 11, 2023, August 30, 2023, and October 8, 2023.
Ms. Cox alleged that the complaint centers around the Redfield Public Library Board holding meetings without public notice, agendas, or minutes. On August 11, 2023, a private meeting was held with three board members and the director present. The meeting was not posted. An agenda was not posted. Minutes were not taken.
A meeting was held on August 30, 202,3 at the Redfield public library. Ms. Cox stopped by the library on that afternoon and informed the Director that this meeting was not posted. She was told “we would not call it a meeting. It could be considered a gathering.” Ms. Cox informed the Director that with many board members present it should still be considered a meeting and it needed to be posted. Ms. Cox took pictures of all of the bulletin boards showing that it was not posted.
Ms. Cox also reported that a meeting of the Redfield Public Library Board was held on October 8, 2023. She alleges that the meeting was not posted, there was no agenda, and not all of the members were notified. There was discussion held concerning meetings not being posted.
Cristin Lantz, Board Vice President authored the response from the Library Board with review by Obie Meyers, Board Secretary and Martha Bosomworth, Board President.
Ms. Lantz responded and provided information regarding the meeting on August 11, 2023. She stated that “an informal meeting” was held at the Redfield Public Library on Friday, August 11 to discuss a concern brought by a board member. “Library Director Lori Stonehocker and board members Martha Bosomworth, Obie Meyers and Cristin Lantz were present. No other board members were contacted. We did not consider this a formal meeting. We were taking this as an opportunity to squash rumors being started regarding the integrity of the library director and library board. There was not a quorum. There was no agenda posted. Nothing was voted on. A notice, agenda or minutes were not done for the August 11th meeting as we were considering this as an informal meeting.”
In regards to the meeting on August 30, 2023, Ms. Lantz provided the following response, “A second meeting was held at the Redfield Public Library on Wednesday, August 30th to allow Pauletta Cox to voice concerns that she was taking individually to our library board officers. Library Director Lori Stonehocker and board members Pauletta Cox, Martha Bosomworth, Obie Meyers and Cristin Lantz were present. Lynn Baldwin was notified but did not attend. We did not consider this a formal meeting. We were trying to address a disgruntled board member. There was no agenda posted. Nothing was voted on. A notice, agenda or minutes were not done for the August 30th meeting as we were considering this an informal meeting.”
Ms. Lantz responded and provided information regarding the meeting on October 8, 2023. “A special meeting was held on Sunday, October 8th to address a succession of emails from disgruntled board members Leslie Wiles and Pauletta Cox. All board members were invited. All were present except for Bernie Peterson and Lynn Baldwin. We did consider this a formal meeting, while it was not one of our regular meetings. There was no formal agenda presented at the meeting and no agenda was posted. The Library Director normally posts meeting agendas for our regular meetings. Nothing was voted on. Ms. Lantz provided the agenda and minutes for October 8th meeting. A notice was not posted.”
Law
Iowa Code § 21.4(1)(a) states that “a governmental body shall give notice of the time, date, and place of each meeting including a reconvened meeting of the governmental body, and the tentative agenda of the meeting, in a manner reasonably calculated to apprise the public of that information.”
Iowa Code § 21.4(2)(a) requires that “notice conforming with all of the requirements of subsection 1 shall be given at least twenty-four hours prior to the commencement of any meeting of a governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given.”
“Meetings of governmental bodies shall be preceded by public notice as provided in section 21.4 and shall be held in open session unless closed sessions are expressly permitted by law. Except as provided in section 21.5, all actions and discussions at meetings of governmental bodies, whether formal or informal, shall be conducted and executed in open session. Each governmental body shall keep minutes of all its meetings showing the date, time and place, the members present, and the action taken at each meeting. The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session. The minutes shall be public records open to public inspection.” Iowa Code § 21.3.
Analysis
Both complaints make the same allegations regarding the same meetings. IPIB staff reviewed the allegations and responses. The meeting held on August 11, 2023, did not include a quorum of the Board. The meetings held on August 30, 2023, and October 8, 2023, did have a quorum present. The Board, however, did not provide notice to the public or provide an agenda for their meeting. It is concerning the Board considers that some meetings are not “official meetings” and therefore do not require compliance with the requirements of Iowa Code chapter 21.
The Redfield Public Library Board violated Iowa Code chapter 21 on two occasions. The public was deprived of access to the business of this governmental body and the Board functions in a transparent manner.. There were no allegations presented regarding a violation of chapter 22.
Conclusion
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. These complaints meet those requirements.
IT IS SO ORDERED: Formal complaints 23FC:0096 and 23FC:0097 are consolidated and accepted as legally sufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). The Board did violate the open meeting code section.
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 November 16, 2023. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
Erika Eckley, J.D.