24FC:0097- Tyler Patterson/Clarke County Hospital Board of Trustees - Probable Cause Report and Order

Date:
12/19/2024

Subject: 
Tyler Patterson/Clarke County Hospital Board of Trustees - Probable Cause Report and Order

Opinion:

The Iowa Public Information Board

COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Probable Cause Report: 

On October 29, 2024, Tyler Patterson filed formal complaint 24FC:0097, alleging the Clarke County Hospital Board of Trustees (Hospital Board) violated Iowa Code chapters 21 and 22.

Facts

Tyler Patterson alleges he is a whistleblower who began demanding open meetings and open records laws be upheld by the Hospital Board. Patterson alleges there are no hospital agenda records or meeting minutes available in the county recorder’s office. Patterson alleges the CEO of the hospital assures everyone there are agendas and minutes, but no one in the county can find them. Patterson further alleges Hospital Board meetings are held at noon in a locked building on the hospital campus. Sometimes the meetings rotate and to enter a person has to use a key card or ring a doorbell, so they are not accessible to the public. 

The Hospital Board responded through the Hospital CEO, Brian Evans. Evans stated the Hospital Board meets monthly on the last Wednesday of the month at noon. Evans explained prior to 2005, Board meetings were held in the evenings, but Hospital Board attendance was poor, so the time was changed to noon.

The monthly meeting is held in the Board Room, which is located in the Administration Building directly across the street from the hospital. The Administration Building is locked for security reasons and there is a sign on the Main Entrance of the door that reads “Please ring door bell for assistance.” On Board meeting days, an additional sign is placed on the front door that reads “WELCOME. Board of Trustees Meeting Today at Noon. Please ring doorbell for assistance.”

Evans provided the Hospital Board posts the agenda for the meeting on the Friday prior to the meeting. The agenda is publicly posted in the cafeteria of the hospital. In addition, a copy of the agenda is sent the same day to the Osceola Sentinel Tribute, the local newspaper.

Evans stated meeting minutes are taken for all of the Hospital Board meetings. The prior month’s minutes are reviewed (and approved) by the Hospital Board each month. Minutes are available to anyone who makes a request for a copy of the minutes from the Hospital. 

Evans stated the Hospital Board was provided copies of the “Iowa Open Meetings Open Records Handbook” at its October 2024 Hospital Board meeting, and they briefly reviewed the law so all members were aware of their responsibilities. Evans stated Patterson has not made a request for minutes from the Hospital Board. Patterson was also offered a video link to join the Hospital Board meeting virtually in September 2024, but did not join. 

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. 

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

“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. 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.

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 § 21.4

“‘Lawful custodian’” means the government body currently in physical possession of the public record.” Iowa Code § 22.1(2).

Analysis

No agenda or meeting minutes in County Recorder’s Office

Patterson alleges the Clarke County Recorder’s Office does not have copies of the agendas or minutes for the Hospital Board and this is a violation of Iowa Code chapter 22.

The Clarke County Recorder’s Office, however, would not be the lawful custodian of the Hospital Board’s agendas and minutes. The Hospital Board would be the government body in possession of the public records. Patterson has not requested the agendas or minutes from the Hospital Board. There is no violation of Iowa Code chapter 22 for a government body that is not the lawful custodian of the records to not have the requested records.

Hospital Board meetings do not have agendas, are held at noon, and are in a secured location

Patterson alleges a violation of Iowa Code chapter 21 because Hospital Board meetings do not have agendas, are held at noon, and in a locked building on the hospital campus requiring a person to use a key card or ring a doorbell to enter, so they are not accessible to the public.

In response, the Hospital Board stated the agenda for the meetings are posted in the hospital cafeteria and sent to the newspaper on the Friday before the meeting on Wednesday. Iowa Code requires the agenda be posted at least 24 hours in advance of the meeting. The Hospital Board posts the meeting agenda four to five days before the meeting occurs. The notice is posted on a hospital cafeteria bulletin board. This location would be easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting.

The Hospital Board meetings are held at noon to ensure better participation. The meetings are held in a secured conference room, but a sign is posted that states, “WELCOME. Board of Trustees Meeting Today at Noon. Please ring doorbell for assistance.” Iowa Code § 21.4 requires meetings to be held “at a place reasonably accessible to the public and at a time reasonably convenient to the public.” Holding a meeting over the lunch hour appears to be a time “reasonably convenient to the public.” The Hospital Board used to schedule meetings in the evenings, but that proved to not be a convenient time because Board attendance was poor. Further, requiring the public to ring a doorbell to gain access to a secured meeting room does not, by itself, make the location inaccessible to the public. There does not appear to be any chapter 21 violations alleged.

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

It is recommended the Board dismiss the matter for lack of probable cause to believe a violation has occurred. Patterson’s complaint the Clarke County Recorder’s lack of copies of Hospital Board agendas and minutes is not a violation of Iowa Code chapter 22. The County Recorder is not the lawful custodian of the records for the Hospital Board. Patterson has not made a records request to the Hospital Board. Further, Hospital Board agendas are posted in the Hospital cafeteria more than 24 hours in advance of the meeting. The meetings are held at noon on Wednesdays in a secured conference room that requires a person to ring a doorbell for access. Neither fact makes the meetings not reasonably convenient or accessible. 

By the IPIB Executive Director

_________________________

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

___________________________________

Monica McHugh