Topics:

Formal Complaints

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

                     

                     Status Report

             

 On May 21, 2025, Justin Cole (“Complainant”) filed formal complaint 25FC:0055, alleging the Mount Union Benefitted Fire District (“Respondent”) violated Iowa Code Chapter 21. The IPIB accepted this complaint on June 19, 2025. This Status Report is developed to update the IPIB and to seek additional guidance.

Facts

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. 

With IPIB’s facilitation, the parties reached an informal resolution agreement, approved by the Complainant and the Respondent on February 18, 2026. The agreement was submitted to the Iowa Public Information Board and approved on March 19, 2026. 

The terms included the following: 

  1. 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.
  2. 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.
  3. 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.
  4. 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.

It also required the terms to be completed within 90 days of the approval. The 90 days ended on June 19, 2026. 

IPIB staff worked with the parties to complete all resolution terms. On February 18, 2026, the resolution was approved by the governmental body and a copy of the agreement was read into the record as required by the agreement. A copy of those minutes was provided to IPIB in compliance with the agreement terms.

On March 23, 2026, the first trustee completed the required training course. 

On June 3, 2026, staff contacted the Respondent for an update on the completion of training. The secretary responded saying she did not have an update, but would forward IPIB staff’s request for an update to the trustees. 

On June 17, 2026, the second trustee completed the required training course. 

On July 6, 2026, staff contacted the Respondent’s secretary again, explaining two trustees had completed the training, but that the remaining trustee had not completed training. Staff explained the final training certificate was the only outstanding item preventing a Final Report from being filed. 

On August 6, 2026, staff again contacted the Respondent’s secretary asking if an update had been received from the last trustee. The secretary responded the same day, indicating IPIB’s email had been sent to him and he “indicated he would try to get the training done soon.” Staff responded the same day explaining that the informal resolution was well past the deadline, but if the final individual could complete the training in August, the Final Report could be filed in September. Staff also provided the direct link to register for the August training. 

On August 7, 2026, the remaining trustee emailed staff directly to notify IPIB that he has an “eye appointment on that day unless it starts after 10 it will not work for me.” Staff responded the same day, explaining the training is over the lunch hour from 12-1:30pm. 

On August 10, 2026, the trustee responded saying, “ok, I will try to make it happen.” Staff responded with by sending the trustee the direct registration link again.

On August 20, 2026, three days after the training, the trustee emailed to notify staff that he forgot about the training and scheduled an appointment at the same time. 

Staff followed up explaining that the parties had agreed to a 90-day timeline for completion of the terms of the informal resolution to resolve the complaint. It had been 190 days since the agreement was executed, well beyond the agreed upon timeline. Staff offered for him to find another training before the September meeting; or, alternatively, submit a Status Report to the Board to get additional direction on next steps for the matter. The final trustee did not sign up for or complete the required training as of the time of this investigative report.

Outstanding Issues

The parties were able to reach agreement regarding the status of the Respondent as a government body for the purposes of Chapter 21 and terms to resolve the concerns of the complaint. All of the agreed upon terms of the informal resolution have been completed except the training of one of the trustees. Despite repeated efforts by IPIB staff to encourage the completion of the terms of the informal resolution, the Respondent government body has not done so after more than an additional 90 days after the agreement stated the terms would be completed.  

IPIB staff request the Board’s direction as to the appropriate next steps to resolve 25FC:0055. 

By the IPIB Deputy Director, 

 

_________________________

Charissa Flege, J.D.

CERTIFICATE OF MAILING

This document was sent on September 11, 2026, to:

Justin Cole, Complainant

Mount Union Benefitted Fire District, Respondent