Date:
10/17/2024
Subject:
Brian Thomas/Jefferson County Board of Supervisors - Informal Resolution Report
Opinion:
The Iowa Public Information Board
In re the Matter of: Brian Thomas, Complainant
Jefferson County Board of Supervisors, Respondent | Case Number: 24FC:0070 Informal Resolution Report
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Informal Resolution Report:
On August 13, 2024, Brian Thomas filed formal complaint 24FC:0070, alleging Jefferson County Board of Supervisors (Board) violated Iowa Code chapters 21 and 22.
IPIB accepted this Complaint on October 17, 2024, finding the following potential violations.
Supervisor Discussion as a Meeting
A quorum of the Board was audio recorded having a conversation about the topics upon which it exercised decision-making. Even if the conversation did not rise to 'deliberation' between the supervisors, it is difficult to find that there was no intention by the supervisors to avoid the purposes of the open meeting requirements.
Records Requests
Thomas made a request regarding documents related to Thomas’ employment situation. It was not possible to determine whether all public records have been provided, whether documents not provided were properly withheld as confidential, and what efforts were taken by the Board to respond to the request for communications between the supervisors and others.
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 Board will acknowledge at an open meeting that there are sufficient facts to show the conversation between a majority of the Board discussing matters within in the policy-making responsibilities of the Board could be found to be a violation of Iowa Code chapter 21. This acknowledgement will be recorded in the minutes of the meeting and minutes will be provided to IPIB.
- The Board will provide information to IPIB as outlined below regarding Thomas’ records request:
to inspect or obtain copies of public records that relate to the employment, investigation(s), behavior, accusation(s), and performance of Brian Thomas. This includes, but is not limited to, relevant information stored on paper or electronically, text messages, emails, written documents, voicemail, data files, program files, temporary files, website information, archival tapes, and any audio recordings. This request encompasses County-issued phones, computers, and other electronic items as well as personal phones, personal computers, and other personal electronic items that contain relevant information. At a minimum, the record request shall include Chauncey Moulding, Lee Dimmitt, Susie Drish, Dee Sandquist, Jack Reed, Jon Thomas, Brent Heisel, and other individuals possessing relevant information.
- This response will include information regarding what public records were provided, whether records were withheld as confidential, and the reason for the confidentiality.
- The Board will provide information on the process and procedure used for obtaining relevant documents from the County and identified individuals, and if applicable, their personal emails, texts, etc. in response to the request.
- Any documents discovered that have not previously been provided will immediately be provided, at no cost, to Thomas.
- The Board will conduct training during an open meeting for members of the Jefferson County Board of Supervisors regarding Iowa Code Chapters 21 and 22. Supervisor Sandquist is not required to attend, but any newly-elected Supervisors are highly encouraged to attend. The Board will work with the Iowa State Association of Counties or the Iowa Public Information Board staff to schedule and provide the training. Additional Board and County staff or local government bodies may be invited to the training at the discretion of the Board.
- 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.
Brian Thomas approved the Informal Resolution on December 13, 2024.
The County approved the Informal Resolution on December 13, 2024.
The IPIB staff recommend the IPIB approve the Informal Resolution Report.
By the IPIB Executive Director
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Erika Eckley, J.D.