24FC:0068 Drake Riddle/Page County Board of Supervisors - Informal Resolution Report

Date:
11/21/2024

Subject:
Drake Riddle/Page County Board of Supervisors  - Informal Resolution Report

Opinion:

The Iowa Public Information Board

Complaint 24FC:0068 was filed on August 8, 2024, and accepted by the IPIB on October 17, 2024. 

The Page County Board of Supervisors (BOS) held a meeting on July 11, 2024. During the meeting, the BOS approved a commercial liquor license. Two of the supervisors voted yes to approve the liquor license. One of the supervisors abstained from the vote. The minutes inaccurately recorded the supervisor as voting no instead of abstaining and reflected the BOS unanimously moved the vote.

The County Auditor’s Office, as clerk to the BOS, corrected the minutes and posted the corrected minutes on the County website. Although the minutes were corrected and reposted, the amended minutes were not reviewed or approved by the BOS, which is not appropriate procedure for amending the approved minutes.

Upon review of this case, IPIB staff identified an additional issue of concern: The BOS produces two sets of minutes for each meeting. It is unclear which set of minutes are the official minutes representing the actions of the BOS. Based on these identified issues, IPIB accepted the complaint.

Applicable Law

Iowa Code § 21.3(2) requires governmental bodies keep minutes of meetings that show the results of each vote taken and information sufficient to indicate the vote of each member.

 Informal Resolution

Pursuant to Iowa Code § 23.9, IPIB presents the following terms for an informal resolution of this matter:

1. The BOS will acknowledge at an open meeting that there are sufficient facts to demonstrate the BOS failed to keep accurate minutes showing the results of each vote taken and information sufficient to indicate the vote of each member pursuant to Iowa Code § 21.3(2), that the amended minutes were not approved or reviewed by the BOS, and that the BOS currently has two sets of minutes, creating ambiguity as to which sets of minutes represent the official actions of the BOS. This acknowledgement will be recorded in the minutes of said meeting and minutes will be provided to the IPIB. 
2. The BOS 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 the IPIB.
3. The BOS will conduct training during an open meeting regarding Iowa Code Chapter 21. All members of the BOS and the Page County Auditor as the clerk of the BOS (or any staff of the Page County Auditor’s Office serving as the clerk to the BOS) will attend the training. The BOS will invite additional elected and appointed officials of Page County and other governmental staff who interact with the BOS to attend the training. The BOS will work with the Iowa State Association of Counties or the Iowa Public Information Board to provide the training.
4. The BOS will create a policy or procedure to govern the process for developing and approving minutes. This policy or procedure will be reviewed by the IPIB and adopted by the BOS.
5. The BOS will work with the IPIB to designate a single and official set of minutes approved by the BOS and update any required minutes filings on the website and in the BOS book of minutes to accurately reflect the use of a single and official BOS approved set of minutes.

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.

Drake Riddle approved the Informal Resolution on November 13, 2024.

The BOS approved the Informal Resolution on November 14, 2024.

The IPIB staff recommend the IPIB approve the Informal Resolution Report.

By the IPIB Deputy Director, 

_________________________

Kimberly M. Murphy, J.D.