Date:
06/19/2025
Subject:
Rachel Dolley/Commission of Wapello County Veterans Affairs - Investigative Report and Probable Cause Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Rachel Dolley, Complainant And Concerning: Commission of Wapello County |
Case Numbers: 24FC:0096 Investigative Report and
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Investigative Report:
On October 29, 2024, Rachel Dolley filed formal complaint 24FC:0096, alleging Commission of Wapello County Veterans Affairs (Commission) violated Iowa Code chapter 21.
The IPIB accepted this Complaint on November 21, 2024
Facts
Dolley alleges the Commission entered into a closed session under Iowa Code § 21.5(1)(i) to evaluate her. Dolley alleges she did not request the conversation to occur in a closed session as required under the law. Dolley filed an additional complaint stating the minutes from another meeting did not match the audio recording.
The Commission responded through legal counsel. The Commission acknowledged it did not receive an affirmative request from Dolley to go into closed session for the job performance evaluation. The Commission denied there were any violations of Iowa Code chapter 21 of the minutes prepared, and it provided a copy of them to IPIB.
The parties were unable to come to an informal resolution for the complaint. The Commission, however, agreed to conduct training and to approve a closed session checklist in an effort to prevent any future violations of Iowa Code chapters 21 or 22.
Applicable Law
“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. A governmental body may hold a closed session only to the extent a closed session is necessary for any of the following reasons: To evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session.” Iowa Code § 21.5(1)(i).
“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.
Analysis
The Commission admits it did not get an affirmative request from Dolley before entering into a closed session to conduct an evaluation of her performance. Dolley participated in the performance evaluation, but the statute required her to request the closed session. This was a violation of Iowa Code § 21.5(1)(i).
Dolley did not provide any specifics regarding what she claimed was inaccurate in the minutes or what was a false statement. IPIB listened to a recording of the meeting. There was some tension between the parties during portions of the meeting, but IPIB did not find any chapter 21 violations regarding the minutes from the October 21, 2024, Commission meeting.
In responding to this complaint, the Commission has acknowledged the error in not getting a request from Dolley prior to entering a closed session to evaluate her performance. The Commission has taken steps, such as developing a closed session checklist and participating in a two-hour training session with IPIB to address the subject of the complaint.
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
There was clearly a violation of Iowa Code § 21.5(1)(i) when the Commission entered into a closed session without Dolley’s request to discuss her performance. The Commission, however, has taken responsibility for the error and has conducted training and put in place a checklist to prevent violations in the future. It is recommended therefore, the IPIB find that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter due to the measures to remediate.
By the IPIB Executive Director
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Erika Eckley, J.D.
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
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Monica McHugh