Date:
10/17/2024
Subject:
Jan Norris/Montgomery County Board of Supervisors - Informal Resolution Report
Opinion:
The Iowa Public Information Board
In re the Matter of: Jan Norris, Complainant
Montgomery County Board of Supervisors, Respondent | Case Number: 24FC:0059 Informal Resolution Report
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Complaint 24FC:0059 was opened on July 23, 2024, and accepted by the IPIB on September 19, 2024. This Informal Resolution is adopted in response to the IPIB acceptance of the complaint.
Jan Norris provided evidence showing that the Montgomery County Board of Supervisors (County) violated Iowa Code Chapter 21 by conducting open session requirements within a closed session.
The County held a meeting on July 2, 2024. The agenda for the meeting indicated a closed session would be held pursuant to Iowa Code § 21.5(1)(c) and cited to language from this code section.
When the County arrived at the closed session item on the agenda, the County recessed without taking a public vote or announcing a reason for the closed session. The County indicated to the public they would be reconvening in another room for closed session. The open session minutes of the meeting do not indicate a public vote was held to enter into closed session.
On September 19, the IPIB accepted the complaint.
Applicable Law
Iowa Code § 21.3(1) requires meetings of governmental bodies shall be held in open session and that all actions and discussions shall be conducted and executed in open session, unless closed session is expressly permitted by law.
Iowa Code § 21.3(2) states the vote of each member present shall be made public at the open session and that the minutes shall show the results of each vote taken.
Iowa Code § 21.5 allows that a government body may hold a closed session only by affirmative public vote of either two-thirds of the members of the body or all of the members present at the meeting and requires the vote of each member on the question of holding the closed session and the reason for holding the closed session by reference to a specific exemption shall be announced publicly at the open session and entered into the minutes.
Informal Resolution
Pursuant to Iowa Code § 23.9, the parties have agreed to the following terms and have executed an agreement (Informal Resolution) indicating consent to be governed by these terms:
- The County will acknowledge at an open meeting that there are sufficient facts to show the County failed to act in open session as required by Iowa Code § 21.3(1) and (2), the County failed to record the vote taken in minutes as required by Iowa Code § 21.3(2), the County failed to hold a public vote to enter closed session as required by Iowa Code § 21.5, and the County failed to publicly announce the reason for holding the closed session pursuant to Iowa Code § 21.5(2). This acknowledgement will be recorded in the minutes of said meeting and minutes will be provided to IPIB.
- The County will establish a checklist to be used for closed sessions to ensure compliance with Iowa Code Chapter 21. The checklist will include all elements required for a closed session and will be provided to IPIB.
- The County will conduct training during an open meeting for all members of the Montgomery County Board of Supervisors regarding Iowa Code Chapter 21. The County will work with the Iowa State Association of Counties or the Iowa Public Information Board to provide the training to the County Board of Supervisors.
- The County will approve this Informal Resolution during an open meeting and include the full text in the minutes of said meeting. The minutes will be provided to IPIB.
The terms of the Informal Resolution will be completed within 60 days of the date of approval of this Informal Resolution by all parties. Upon showing of proof of compliance, the IPIB will dismiss this complaint as successfully resolved.
Jan Norris executed the Informal Resolution on October 4, 2024.
The County executed the Informal Resolution on October 8, 2024.
The IPIB staff recommend that the IPIB approved the Informal Resolution Report.
By the IPIB Deputy Director,
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Kimberly M. Murphy, J.D.