The Iowa Public Information Board
In re the Matter of: Bonnie Castillo, Complainant And Concerning: Union County Emergency Management Agency, Respondent |
Case Number: 24FC:0013 Acceptance Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order:
On February 2, 2024, Bonnie Castillo filed formal complaint 24FC:0013, alleging that Union County Emergency Management Agency (“UCEMA”) violated Iowa Code chapters 21 and 22.
Facts
Ms. Castillo alleges UCEMA has not maintained and does not have available board minutes. She alleges a board member requested meeting minutes from 2023 UCEMA meetings. Jo Duckworth, Director of Emergency Management, was not able to quickly provide the requested documents, however, days later after spending time in her office and being viewed typing diligently she produced a copy of what she stated were the approved minutes. She also alleges the minutes are not posted on the UCEMA website where they are supposed to be posted.
Ms. Castillo also alleges UCEMA had a closed session called by the county attorney on January 24, 2024, that was not published on the agenda or announced prior to the start of the closed session. The county attorney came in interrupted the regular meeting, asked all but UCEMA members to leave and held the closed session.
In response, Ms. Duckworth, stated she responded to the UCEMA commission member’s request for minutes on the same day as requested. She also stated she keeps the minutes from the monthly meeting in printed and digital form. She provided copies of a number of previous meetings. Ms. Duckworth admits she has not posted the minutes on the website due to staff time and capacity constraints, but stated Iowa Code § 21.3 does not require posting the minutes on the website.
Ms. Duckworth, however, does admit that UCEMA held a closed session that was not on the meeting agenda because the attorney did not tell her about it. She admits that she, the media and other participants were asked to leave the meeting to hold the closed session.
Applicable Law
“[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(1)(a).
Analysis
Ms. Duckworth admits that a closed session held purportedly for attorney-client communications was held, but not included in the UCEMA agenda because she was not aware it would occur. Despite the lack of notice, the closed session occurred and media and others were asked to leave the open meeting. This is a violation of Iowa Code chapter 21.
Ms. Duckworth is correct that nothing within Iowa Code chapter 21 requires minutes to be posted on a website, so the failure to do so is not a violation under the statute.
In regards to the public records complaint regarding a failure to provide minutes from previous UCEMA meetings, the evidence provided shows the minutes are available and no additional information was provided in opposition to this information, so there is likely no violation of chapter 22.
Conclusion
Iowa Code § 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint meets the necessary requirements for acceptance.
UCEMA held a closed session that was not included within the UCEMA’s agenda in violation of Iowa Code § 21.4(1)(a).
IT IS SO ORDERED: Formal complaint 24FC:0013 is accepted pursuant to Iowa Code § 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a).
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 April 18, 2024. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Erika Eckley, J.D.