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 Probable Cause Report and Order
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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
Bonnie Castillo alleged board minutes were not being maintained or available by UCEMA. She alleged a board member requested meeting minutes from 2023 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.
Castillo also alleged 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 and interrupted the regular meeting, asked all but UCEMA members to leave and held the closed session.
In response, Duckworth stated she responded to the 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. Duckworth admits she has not posted the minutes on the website due to time and capacity constraints, but stated Iowa Code § 21.3 does not require posting the minutes on the website.
Duckworth, however, does admit 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.
The Iowa Public Information Board (IPIB) accepted the complaint on April 18, 2024, to address the improper closed session. Pursuant to Iowa Code section 23.9, IPIB staff provided an informal resolution agreement to all parties. The agreement required the following:
- The UCEMA acknowledges that for the meeting on January 24, 2024, a portion of the meeting was a de facto closed session when members of the public were asked to leave the meeting to conduct a discussion with the county attorney. This was not included on the agenda as required under Iowa Code chapter 21.
- The UCEMA will conduct Open Meetings and Public Records training at an open meeting with notice to the public. This training will be conducted by the Iowa Public Information Board. This will be scheduled by the Board and the UCEMA, staff, and county attorney will attend. Other government bodies may be invited at the UCEMA’s discretion.
- The UCEMA will review its policies and procedures for providing notice and setting agendas and for preparing minutes for every meeting as required under Iowa Code chapter 21 and make any necessary changes to any existing policies.
- The UCEMA will develop a checklist for conducting a closed meeting and will provide it to the IPIB for approval.
- The UCEMA will approve this agreement at an open meeting and provide a copy of this Informal Resolution in full with its meeting minutes.
The informal resolution was provided to the parties on April 26, 2024. On May 30, IPIB followed up with the parties regarding the informal resolution. A revised informal resolution was sent to the parties on June 4. IPIB again followed up on adoption of the informal resolution on September 10 after training had been completed on August 21. IPIB was informed it would be on the UCEMA agenda for September 19. The informal resolution was resent to the parties on September 19. On October 3, IPIB followed up again regarding the informal resolution. To date, neither party has signed or adopted the informal resolution. But, the UCEMA has done the following:
- Training by IPIB was conducted at the UCEMA building on August 21, 2024. Members and staff of UCEMA attended as well as individuals from local government bodies.
- UCEMA passed a policy at its September 19, 2024, meeting regarding closed sessions and procedures to follow.
Instead of a signed informal resolution, UCEMA provided a copy of the policy it passed on September 19, 2024.[1] On October 3, 2024, IPIB asked for documentation of the notice provided for the training, information about attendance by UCEMA members and the county attorney, copies of the minutes from the meeting adopting the resolution, and the minutes from the meeting in which the informal resolution and its terms are approved and the document included as part of the minutes, if applicable. On October 31, 2024, IPIB followed up again for documentation, Duckworth responded to IPIB’s inquiry with the following:
“I apologize for the delay in getting back to you, I took some much needed vacation time off and am just getting settled back into the office. I will get you the documents requested within the next week. I am working on a time dependent grant today and tomorrow. If you have any questions, please reach out to me directly.”
Despite the assurances of sending the documents, nothing was received. IPIB followed up again and on November 14, 2024, Paul Greufe provided three packets of documents provided to UCEMA for their meetings in August and September. One of the packets included an agenda and minutes. An agenda for August 21, 2024, was included that listed the training by IPIB following the regular meeting of the UCEMA and a sign-in sheet for the training. One packet appeared to be the same as another packet with the addition of the draft resolution for closed sessions.
No other response from UCEMA has been provided. No informal resolution has been signed. Notice of the agenda in which the training occurred and a sign in sheet of attendees was provided. No information has been provided regarding the review of providing notice, setting meeting agendas, or preparing minutes. UCEMA has not publicly acknowledged the improper closed session.
Action Taken
Under Iowa Code section 23.9, once the Board accepts a complaint, IPIB is required to work with the parties to attempt to resolve the complaint informally. Since April, IPIB has tried to get an informal resolution completed. IPIB staff provided training on August 21, 2024. UCEMA appears to have adopted a resolution regarding closed sessions in September 2024, although no minutes have been provided to show adoption and the version adopted is debated. UCEMA appears unable or unwilling to adopt the informal resolution and the director has become non-responsive to IPIB. At this point in time, IPIB has done everything it can to try to resolve the Complaint.
IPIB Action
The Board may take the following actions upon receipt of a probable cause report:
a. Redirect the matter for further investigation;
b. Dismiss the matter for lack of probable cause to believe a violation has occurred;
c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or
d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.
Iowa Admin. Code r. 497-2.2(4).
Recommendation
It is recommended the Board determine probable cause exists to believe UCEMA violated Iowa Code chapter 21 because UCEMA held a closed session without proper notice or procedure on January 24, 2024. The closed session was not published on the agenda or announced prior to the start of the closed session. The county attorney came in and interrupted the regular meeting, asked all but UCEMA members to leave, and held the closed session.
UCEMA has held training on open meetings and closed sessions and made efforts to address the closed session procedures, but UCEMA has not provided minutes regarding this meeting and the form of the actual resolution is in doubt. IPIB staff is not confident UCEMA will be able to avoid future violations of chapters 21 and 22 based on its lack of organization and responsiveness to this matter. IPIB would be fully within its right to initiate a contested case proceeding in this matter, but it is unlikely that will address the issues.
Instead, IPIB staff recommend the IPIB make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion dismiss the matter with a strong recommendation the UCEMA take significant hands-on measures to address the lack of organization and/or responsiveness of the UCEMA in addressing this matter and likely an inability or unwillingness to comply with administrative requirements of Iowa Code chapters 21 and 22. If UCEMA does not take this seriously and address the issues and future, similar violations are found, IPIB should make clear it will move to a contested case proceeding and award fines for those violations.
By the IPIB Executive Director
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Erika Eckley, J.D.
[1] There was some confusion regarding what was actually passed by UCEMA. The copy provided by Duckworth was inaccurate. A corrected copy was provided by Paul Greufe, but the original inaccurate version was included in one of the meeting packets sent on November 14.
Under Iowa Admin. Code r. 497-2.2(4) the Board takes the following action:
- a. Redirect the matter for further investigation;
- b. Dismiss the matter for lack of probable cause to believe a violation has occurred;
- c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or
- d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.
By the Board Chair
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Monica McHugh