24FC:0092 Aubrey Burress/Pleasant Grove Township Trustees - Informal Resolution Report

Date:
12/19/2024

Subject:
Aubrey Burress/Pleasant Grove Township Trustees - Informal Resolution Report

Opinion:

The Iowa Public Information Board

Complaint 24FC:0092 was opened on October 21, 2024, and accepted by the IPIB on November 21, 2024. This Informal Resolution is adopted in response to the IPIB acceptance of the complaint.

The Pleasant Grove Township Trustees (Trustees) and clerk to the Pleasant Grove Township have presented allegations showing the Trustees are unable to effectively conduct business due to internal conflict. This is not a new issue as the IPIB received a similar complaint in 2023. The information presented to IPIB from two Trustees and the clerk demonstrates issues with the following:

• Providing notice of meetings
• Posting meeting agendas
• Interruptions at and during meetings
• Cancelling meetings due to internal conflict
• Not sharing relevant documents between and amongst all Trustees

Based on information presented, the citizens of the Pleasant Grove Township are left with questionable timing and posting of agendas, shifting meeting times and locations, and Trustees plagued with internal conflict.

IPIB accepted this case on November 21, 2024, to allow the IPIB staff to focus the Trustees on a resolution to this matter. IPIB recommends training be conducted for the Trustees. IPIB also recommends policies or procedures be developed to address reoccurring issues.

Applicable Law

“Meetings of governmental bodies shall be preceded by public notice as provided in section 21.4 and shall be held in open session unless closed sessions are expressly permitted by law. Except as provided in section 21.5, all actions and discussions at meetings of governmental bodies, whether formal or informal, shall be conducted and executed in open session.” Iowa Code § 21.3(1).

“Each governmental body shall keep minutes of all its meetings showing the date, time and place, the members present, and the action taken at each meeting. The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session. The minutes shall be public records open to public inspection.” Iowa Code § 21.3(2).

“Except as provided in subsection 3, a governmental body shall give notice of the time, date, and place of each meeting including a reconvened meeting of the governmental body, and the tentative agenda of the meeting, in a manner reasonably calculated to apprise the public of that information. Reasonable notice shall include advising the news media who have filed a request for notice with the governmental body and posting the notice on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting, or if no such office exists, at the building in which the meeting is to be held.” Iowa Code § 21.4(1).

“Each meeting shall be held at a place reasonably accessible to the public and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impracticable. Special access to the meeting may be granted to persons with disabilities.” Code § 21.4(2).

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:

1. This Informal Resolution will be formally approved at a meeting of the Pleasant Grove Township Trustees. The Trustees will provide IPIB staff with a copy of the minutes demonstrating approval.
2. All Trustees, and anyone serving as clerk to the Trustees, will complete training related to public meetings and records. This training will be arranged by the Trustees and conducted by IPIB. 
3. The Trustees will develop policies or procedures to address the following:

• Posting of agendas, including timeframe and location;
• Scheduling of meetings; and
• Providing agendas and documents for the meeting to Trustees and the public in advance of meetings. 

Any developed policies or procedures will be provided to IPIB staff for review before approval by the Trustees.

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.

All Trustees have indicated consent to the Informal Resolution and it will be approved at an upcoming meeting of the Trustees, at which time it will be formally executed.

IPIB staff recommend the IPIB approve the Informal Resolution Report.

By the IPIB Deputy Director, 

_________________________

Kimberly M. Murphy, J.D.