24FC:0013 Iowa Public Information Board/Union County Emergency Management Agency - Final Report and Dismissal – Iowa Code § 17A.10

Topics:

Formal Complaints

Date:
02/20/2025

Subject: 
Iowa Public Information Board/Union County Emergency Management Agency - Final Report and Dismissal – Iowa Code § 17A.10                                   

Opinion:

The Iowa Public Information Board

In re the Matter of:

Iowa Public Information Board, Complainant

And Concerning:

Union County Emergency Management Agency, Respondent

 

Case Number: 24FC:0013

Final Report and Dismissal –
Iowa Code § 17A.10                                   

             

On February 2, 2024, Bonnie Castillo filed formal complaint 24FC:0013, alleging that the Union County Emergency Management Agency (UCEMA) violated Iowa Code Chapters 21 and 22. The Iowa Public Information Board (IPIB) accepted the Complaint, which was later presented to the IPIB as a Probable Cause Order. On December 19, 2024, the IPIB voted to accept the Probable Cause Order and proceed to a contested case. 

Pursuant to Iowa Code Iowa Code § 17A.10(1), an Informal Settlement was reached between IPIB and UCEMA. The Informal Settlement was executed by the Union County Attorney on January 10, 2025, and the UCEMA officially approved the Informal Settlement at a public meeting of the body held on January 15, 2025. The full terms of the Informal Settlement are as follows: 

The UCEMA will complete the following terms by February 7, 2025. If all terms are not met to the satisfaction of IPIB by February 7, 2025, IPIB will proceed to a contested case proceeding.

  1. The UCEMA will agree to the full terms of this Informal Settlement at a public meeting of the UCEMA to be held on January 15, 2025. The full Informal Settlement will be read into the record at the public meeting and will be formally approved by the UCEMA. The following statement will be read at the public meeting of the UCEMA and will be included in the minutes: “The UCEMA agrees to the terms of the Informal Settlement and further agrees to fulfill all terms of the Informal Settlement by February 7, 2025. Failure to complete all terms of the Informal Settlement by February 7, 2025, will result in a contested case proceeding before the Iowa Public Information Board.” The minutes will be published, at a minimum, on the UCEMA website. The minutes will also be provided to IPIB. If the minutes cannot be formally approved by the February 7, 2025 deadline, the draft minutes will be utilized.
  2. The UCEMA will formally acknowledge that a violation of Iowa Code Chapter 21 occurred at a meeting of the UCEMA on January 24, 2024, when a de facto closed session was held. This formal acknowledgement will occur in a public meeting of the UCEMA to be held on January 15, 2025. The full formal acknowledgement will be included in the minutes, which will be published, at a minimum, on the UCEMA website. The minutes will also be provided to IPIB. If the minutes cannot be formally approved by the February 7, 2025 deadline, the draft minutes will be utilized.
  3. The UCEMA will develop policies and procedures to ensure compliance with Iowa Code chapters 21 and 22. Policies and procedures will address the following elements: Notice of meetings, setting agendas, minutes, response to public records requests, closed sessions, and maintenance of existing policies. All policies and procedures reviewed and developed for this Informal Settlement will be provided to IPIB and will be formally reviewed and approved in a public meeting of the UCEMA. All policies and procedures will be included in the minutes, which will be published, at a minimum, on the UCEMA website. The minutes will also be provided to IPIB. If the minutes cannot be formally approved by the February 7, 2025 deadline, the draft minutes will be utilized.
  4. The UCEMA understands that this Informal Settlement is a recommendation to the IPIB by IPIB staff. The IPIB may reject this Informal Settlement and advance to a contested case proceeding. The IPIB will review the Informal Settlement on January 16, 2025.

IPIB staff has reviewed all actions taken by the UCEMA to comply with the terms of the Informal Settlement and finds all terms are completed. Furthermore, all terms were completed by the deadline of February 7, 2025.

Based on Iowa Code § 17A.10(1), IPIB staff recommends that IPIB acknowledge all terms of the the Informal Settlement have been met and dismiss 24FC:0013 as resolved.

By the IPIB Deputy Director, 

Kimberly M. Murphy, J.D.