The Iowa Public Information Board
In re the Matter of: Justin Cole, Complainant And Concerning: Mount Union Benefitted Fire District, Respondent |
Case Number: 25FC:0055 Informal Resolution
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On May 21, 2025, Justin Cole filed formal complaint 25FC:0055, alleging that the Mount Union Benefitted Fire District Board (Board) violated Iowa Code Chapter 21.
The IPIB accepted this complaint at its meeting on June 19, 2025.
Background
The Mount Union Benefitted Fire District is a tax-supported local fire district, located in the unincorporated community of Mount Union, in Henry County, Iowa. They are represented by three trustees, who are appointed by the Henry County Board of Supervisors.
On May 21, 2025, the complainant, Justin Cole, filed formal complaint 25FC:0055, alleging that the Board was not providing required public notice of its official meetings. Cole also alleged that he and other members of the public had been denied access to past Board meetings.
Following IPIB’s acceptance of the complaint, the Board largely acknowledged the Chapter 21 concerns described in the complaint, though the trustees indicated they were not previously aware that they were subject to open meetings laws as a governmental body.
Applicable Law
“‘Governmental body’ means:
A board, council, commission, or other governing body of a political subdivision or tax-supported district in this state.” Iowa Code § 21.2(1)(b).
“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). “‘Open session’ means a meeting to which all members of the public have access.” Iowa Code § 21.2(3).
“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 the information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session.” Iowa Code § 21.3(2).
“Except as provided in [Iowa Code § 21.4(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)(a).
Informal Resolution
The parties have agreed to an informal resolution focused on implementing the requirements of Chapter 21 for future meetings of the Board.
Pursuant to Iowa Code § 23.9, IPIB presents the following terms for an informal resolution of this matter:
This Informal Resolution will be formally approved at a meeting of the Mount Union Benefitted Fire District, and the following terms shall be read into the record. The Board will include a copy of this Informal Resolution in its meeting minutes and will provide IPIB staff with a copy of the minutes demonstrating approval.
By adopting this Informal Resolution, the Board acknowledges that it is a governmental body subject to Chapter 21. The Board further agrees that it is required to comply with the open meetings requirements for governmental bodies in Chapter 21, including but not limited to posting a notice and agenda for each meeting at least twenty-four hours in advance of that meeting’s commencement, limiting action or deliberation amongst trustees on matters within the scope of the Board’s policy-making duties to open session, and producing official minutes for all future meetings.
Except where closed session is expressly permitted by law, all future meetings of the Board will be held in open session, meaning all members of the public are given access.
All trustees currently serving on the Board will complete training with IPIB staff on their responsibilities under open meetings and public records law. This term may be fulfilled by registering for and attending any of IPIB’s online training sessions.
The terms of the Informal Resolution will be completed within 90 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.
Justin Cole approved the Informal Resolution on February 18, 2026.
The Mount Union Benefitted Fire District approved the Informal Resolution on February 18, 2026.
The IPIB staff recommend the IPIB approve the Informal Resolution Report.
By the IPIB Agency Counsel,
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Alexander Lee, J.D.
CERTIFICATE OF MAILING
This document was sent on March 13, 2026, to:
Justin Cole, Complainant
Mount Union Benefitted Fire District, Respondent