Date:
03/21/2019
Subject:
Kurt Karr/Vinton Municiple Electric Utility Board - Revised Probable Cause Report & Order
Opinion:
Before The Iowa Public Information Board
|
In re the Matter of: Kurt Karr, Complainant And Concerning: Vinton Municipal Electric Utility Board, Respondent |
Case Number: 18FC:0069 Revised Probable Cause Report |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits this Revised Probable Cause Report:
Kurt Karr filed formal complaint 18FC:0069 on August 17, 2018. He alleged that the Vinton Municipal Electric Board (Board) violated Iowa Code chapter 21 when a quorum of the Board members gathered at another location following the Board meeting on August 14, 2018, without proper notice and agenda.
Mr. Karr alleged that he observed the Board members meeting at the Ron Da Voo Tavern following the August 14, 2018, meeting and spoke to them about their improper meeting. He further alleged that the Board met in July 2018 at a location that was not compliant with the requirements of the Americans with Disabilities Act (ADA), which is a violation of Iowa Code section 21.4(1)(b).
The chair of the Board confirmed that a majority of the Board members met after the August meeting and that the location of future Board meetings was moved to be in compliance with the ADA.
The city attorney, in his response, indicated that corrections have been implemented to avoid future violations of Chapter 21 and further stated that the Board members were receptive to receiving training about Iowa Code chapters 21 and 22.
The IPIB accepted the complaint on October 18, 2018, and directed staff to negotiate an informal resolution pursuant to Iowa Code section 23.9. Brett Toresdahl, IPIB Administrator, proposed an informal resolution that asked the Board to acknowledge that the described actions occurred, that a majority of the Board members met socially following a meeting, that all future meetings will be held in a location that is ADA compliant, and that the Board would participate in training using the IPIB authorized curriculum.
The proposed informal resolution was approved by the Board at an open meeting and arranged for training on December 19, 2018, with the League of Cities. All terms of the proposed informal resolution have been completed by the Board.
Mr. Karr expressed a concern that the Board will continue to conduct meetings improperly even with training and a promise to conduct future meetings in compliance with Chapter 21. Therefore, he was unwilling to participate in any informal resolution.
In his original complaint, Mr. Karr requested that the IPIB remove the four Board members who were at the tavern following the August meeting. According to Iowa Code section 23.10(3)(c), the IPIB does not have the authority to do this, but would need to file an action in district court to request a court remove the Board members.
At the request of the IPIB, staff inquired with the city attorney concerning the topic of the gathering that was observed at the Ron Da Voo Tavern on August 14, 2018. The Board stated that the gathering was social in nature, which does not violate Iowa Code (see Iowa Code section 21.2(2), definition of a meeting, which excludes gatherings that are purely social.)
The Board decided to engage in training and enter into an informal resolution to refresh its knowledge of open meetings laws.
IPIB Action
The IPIB has several options upon receipt of a probable cause report. According to Iowa Administrative Rule 497 - 2.2(4):
βBoard action. Upon receipt and review of the staff investigative report and any recommendations, the board may:
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;
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; or
e. Direct administrative resolution of the matter under subrule 2.1(6) without making a determination as to whether a violation occurred.β
Subrule (e), above references subrule 2.1(6), which states:
β2.1(6) Administrative resolution. To assist with resolving complaints in an informal and expeditious manner, the board may, at any time during the complaint process, order administrative resolution of a matter by directing that a person take specified remedial action. A board order directing remedial action shall constitute final agency action for purposes of judicial review under Iowa Code chapter 17A.β
Recommendation
There is no probable cause to believe that a violation of Iowa Code chapter 21 occurred. The Board acknowledged the events as noted in the informal resolution and has taken appropriate actions to remediate and resolve those issues.
It is therefore recommended that the IPIB make a finding that there is no probable cause to believe that a violation has occurred and dismiss the matter pursuant to Iowa Code section 23.10 and Iowa Administrative Rule 497 - 2.2(4)(b).
By the IPIB Executive Director
_________________________________
Margaret E. Johnson, J.D.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of March, 2019, to:
Kurt Karr
Vinton Municipal Electric Board
The Iowa Public Information Board
|
In re the Matter of: Kurt Karr, Complainant And Concerning: Vinton Municipal Electric Utility Board, Respondent |
Case Number: 18FC:0069 Probable Cause Order |
This matter comes before the Iowa Public Information Board (IPIB) this 21st day of March 2019, to consider a Probable Cause Report.
The Probable Cause Report recommends that the IPIB determine that probable cause does not exist to believe that the Vinton Municipal Electric Utility Board (Board) violated Iowa Code chapter 21.
The Probable Cause Report also recommends that the IPIB dismiss this complaint.
The IPIB finds that there is no probable cause to believe that the Board violated Iowa Code chapter 21. The IPIB further finds that the Board engaged in training to ensure no violations occur in the future.
Pursuant to Iowa Administrative Rule 497-2.2(4)(b) the IPIB adopts the findings and recommendations of the Probable Cause Report, enters a finding of no probable cause, and dismisses this complaint.
So ordered this 21st day of March, 2019.
_____________________________________
IPIB Chair
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of March, 2019, to:
Kurt Karr
Bob Fischer, counsel for the Vinton Municipal Utility Board