24FC:0092 Aubrey Burress/Pleasant Grove Township Trustees - Probable Cause Report and Order

Date:
04/17/2025

Subject:
Aubrey Burress/Pleasant Grove Township Trustees - Probable Cause Report and Order

Opinion:

The Iowa Public Information Board

Complaint 24FC:0092 was opened on October 21, 2024, and accepted by the IPIB on November 21, 2024. An Informal Resolution was adopted on December 19, 2024. A Status Report was presented to the IPIB on March 20, 2025, at which time the IPIB recommended that IPIB staff proceed with a Probable Cause Report. 

Background

The Pleasant Grove Township Trustees (Trustees) and clerk to the Trustees have presented evidence demonstrating the Trustees are unable to effectively conduct business due to internal conflict. The information collected by IPIB staff indicates systemic compliance concerns related to Iowa Code Chapter 21. Specific compliance issues are identified in the Analysis section of this Probable Cause Report, but initial review by IPIB staff indicated concerns in the following areas:

• 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.

An Informal Resolution was agreed to requiring the following steps be taken:

• The Informal Resolution will be formally approved at a meeting of the Trustees.
• All Trustees, and anyone serving as clerk to the Trustees, will complete training related to public meetings and records.
• The Trustees will develop policies or procedures to address postings of agendas, scheduling of meetings, and providing agendas and materials in advance of meetings.

The Informal Resolution was scheduled for approval at a Board meeting in December. While awaiting the meeting, continued arguments occurred over actions taken by the Trustees without notice, meeting, or involvement of all Trustees. At one point, a member of the Board of Supervisors entered into the disagreements and voiced concerns. The December meeting was ultimately canceled due to weather.

A second meeting was scheduled in December. This meeting was also canceled because a Trustee was unable to attend at the last minute. As stated by another Trustee, it was not necessary to cancel the meeting as quorum still existed to hold the meeting.

The Informal Resolution was finally approved in January and IPIB presented training to the Trustees on February 7. Following the training, additional concerns have been identified, showing evidence of violations of Iowa Code Chapter 21. 

Applicable Law

Iowa Code § 21.3(1): 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(2): 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 § 21.4(1)(a): 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. 

Iowa Code § 21.4(2)(a): Except as otherwise provided in paragraph “c”, notice conforming with all of the requirements of subsection 1 shall be given at least twenty-four hours prior to the commencement of any meeting of a governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given. 

Iowa Code § 21.5(1): A governmental 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. 

Iowa Code § 21.5(2): 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 under this section shall be announced publicly at the open session and entered in the minutes. A governmental body shall not discuss any business during a closed session which does not directly relate to the specific reason announced as justification for the closed session. 

Iowa Code § 21.5(3): Final action by any governmental body on any matter shall be taken in an open session unless some other provision of the Code expressly permits such actions to be taken in closed session. 

Iowa Code § 21.5(5): A governmental body shall keep detailed minutes of all discussion, persons present, and action occurring at a closed session, and shall also audio record all of the closed session.

497 IAC 8.1(3): Closed session.  When a governmental body includes a closed session item on the tentative agenda, the notice shall include a brief statement of the purpose of the closed session. It shall not be deemed sufficient notice for the governmental body to only reference the statute by number and subparagraph without more information. For example, it shall not be sufficient notice for the governmental body to list as an agenda item “closed session 21.5(1)(a).” The brief statement of purpose does not require the governmental body to provide more information than what is required under subparagraphs (a) through (l) in Iowa Code section 21.5(1). Examples of notice deemed sufficient would be “closed session 21.5(1)(c) discuss litigation with counsel” or “closed session 21.5(1)(l) discuss patient care quality or discuss marketing and pricing strategies.”

Analysis

The following are examples of violations in which probable cause exists as identified thus far by IPIB staff:

§ 21.3(1) and 21.4 Meetings require public notice 24 hours prior to meeting

• Evidence suggests the meeting scheduled for July 20, 2024, did not meet the public notice requirements. A member of the Marion County Board of Supervisors requested a copy of the agenda on July 19 and it was not available. This meeting was canceled as a result of failure to post within established timeframes.
  • Evidence suggests an agenda was posted on September 20, 2024, for a meeting on September 21, but the posting was removed. A member of the Marion County Board of Supervisors states, “Why do we keep having this issue? Do I need to remind you again, that you can be fined, and possibly removed from office for violating open meeting laws?”
  • Several citizen complaints have been provided to IPIB staff showing consistent questions regarding meeting dates and times and indication that meetings are a “moving target.”
  • IPIB staff requested agendas from July 2024 to the present. IPIB received multiple and differing agendas for the following meetings: July 29, 2023 (believe this should be 2024); August 17, 2024; January 10, 2025; and February 28, 2025. It is unclear which agendas were actually utilized.

§ 21.3(1) Meetings conducted in open session.

• On December 21, 2024, evidence suggests the clerk outreached to two members of the Trustees seeking approval to take action without a meeting or involvement of the other Trustee. The email from the clerk states: “There is a tree leaning dangerously over part of the drive in Wheeling Cemetery. Bill Morris is deer hunting at the moment, but will take care of it this week. The others have agreed to do something asap.  Wanted you to know.” The Trustee and a member of the Marion County Board of Supervisors objected to action being taken without a meeting.
  • Additional allegations regarding this type of action have been made.

§ 21.3(2) Minutes shall be kept for all meetings 

• Evidence suggest minutes are not available following meetings or for public inspection.
  • On March 27, 2025, IPIB staff requested meeting agendas and minutes from July 2024 to the present. In response, IPIB staff received agendas on April 1.
  • On April 1, 2025, IPIB staff followed up and requested minutes. IPIB staff received no response to this inquiry.
  • On April 7, 2025, IPIB staff again followed up to determine the status of minutes.
  • On April 8, 2025, the chair of the Trustees, who took office in January, 2025, followed up and indicated the following:
    • “I started the first of 2025 and we have not had approved minutes due to them needing correction and then Ray not attending meetings with the corrected minutes. Ray would have them, or needs to make them off the recorder as he does in the past. Aubrey has minutes from last meeting that she did, we will approve them on April 14th.”
  • On April 8, 2025, IPIB staff followed up and indicated minutes were needed from July 2024 to the present and again requested minutes for the full timeframe.
  • To date, IPIB staff have received no minutes.

§ 21.5 Closed session requirements

• An agenda reviewed by IPIB staff on August 17, 2024, refers to a closed session item as “Closed Session?” There is no additional detail regarding the purpose of the closed session. IPIB staff have been unable to obtain the minutes for this meeting to review for further compliance issues.

IPIB Action

The Board may take the following actions upon receipt of a probable cause report: 

a. Redirect the matter for further investigation;

b. Dismiss the matter for lack of probable cause to believe a violation has occurred;

c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or

d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.

Iowa Admin. Code r. 497-2.2(4).

Recommendation

The analysis section of this Probable Cause Report outlines multiple violations of Iowa Code. Probable cause exists to believe a violation has occurred and IPIB staff recommend that IPIB designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.

By the IPIB Executive Director

Erika Eckley

Under Iowa Admin. Code r. 497-2.2(4) the Board takes the following action: 

• a. Redirect the matter for further investigation;
• b. Dismiss the matter for lack of probable cause to believe a violation has occurred;
• c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or
• d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.

By the Board Chair

___________________________________

Monica McHugh