Open meetings violation settled

Rural Red Oak resident Jan Norris and the Montgomery County Board of Supervisors have settled the issue of the recent open meetings law violation.
Erika Eckley, Executive Director for the Iowa Public Information Board entered this Informal Resolution: Complaint 24FC:0059 was opened on July 23, and accepted by the IPIB on Sept.19. This resolution is adopted in response to the IPIB acceptance of the complaint.
Norris alleges that the Montgomery County Board of Supervisors violated Iowa Code Chapter 21 by conducting open session requirements within a closed session. The complaint also alleges a violation of Iowa Code Chapter 22 for failure to maintain accurate minutes.
The County held a meeting on July 2. The agenda for the meeting indicated a closed session would be held pursuant to Iowa Code § 21.5(1)(c) and cited to the specific language from this code section.
When the County arrived at the closed session item on the agenda, the County recessed without taking a public vote or announcing a reason for the closed session. The County indicated to the public they would be reconvening in another room for closed session. The open session minutes of the meeting do not indicate a public vote was held to enter into closed session.
The County responded to this Complaint and argued a vote was taken in the room utilized for closed session with the door open, that a scrivener’s error resulted in the vote being recorded in closed session minutes instead of open session minutes, and the agenda referenced the specific code section and justification for closed session.
On September 19, the IPIB accepted the complaint.
Iowa Code § 21.3(1) requires meetings of governmental bodies shall be held in open session and that all actions and discussions shall be conducted and executed in open session, unless closed session is expressly permitted by law.
Iowa Code § 21.3(2) states the vote of each member present shall be made public at the open session and that the minutes shall show the results of each vote taken.
Iowa Code § 21.5 allows that a government 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 and requires the vote of each member on the question of holding the closed session and the reason for holding the closed session by reference to a specific exemption shall be announced publicly at the open session and entered into the minutes.
Pursuant to Iowa Code § 23.9, IPIB presents the following terms for an informal resolution of this matter:
•  The county will establish a checklist to be used for closed sessions to ensure compliance with Iowa Code Chapter 21. The checklist will include all elements required for a closed session and will be provided to IPIB.
• The county will conduct training during an open meeting for all members of the Montgomery County Board of Supervisors regarding Iowa Code Chapter 21. The County will work with the Iowa State Association of Counties or the Iowa Public Information Board to provide the training to the County Board of Supervisors.
• The county will approve this Informal Resolution during an open meeting and include the full text in the minutes of said meeting. The minutes will be provided to IPIB.
The Montgomery County Board of Supervisors discussed the resolution at its meeting Oct. 8. Supervisor Donna Robinson spoke about the situation.
“I would just like to go on record to say that this was a mistake, and we admit that it was a mistake. And I don’t think there was any malice. I have been on this board for a lot of years, and I take it very personally. And I was horribly upset when it occurred to me what had happened, how we had gone about it, and that we were in violation. I can only speak for myself, but I work hard to do things right,” Robinson said. “It’s an error. We are not perfect. There are no perfect people in this world, including the members of this board. It’s unfortunate that this happened, and I’m glad we’re acknowledging it and that we are talking about it, and that it can be laid to rest.”
Supervisors Chair Mike Olson read the following terms of the resolution prior to the vote.
“The Montgomery County Board of Supervisors acknowledges that there are sufficient facts shown to show the county failed to act in open session during the regular meeting held on July 2nd, 2024, as required by Iowa Code 21.3. Parentheses 1 and parentheses 2 regarding the following particulars. The county failed to record the vote taken in minutes as required by Iowa Code 21.3 in parentheses 2. The county failed to hold a public vote to enter into closed session as required by Iowa Code 21.5. And the county failed to publicly announce orally during the meeting the reason for holding the closed session pursuant to Iowa Code 21.5, parentheses 2. The board asserts that these violations are the result of human error, were unintentional, and were in no way intended to conceal information from or mislead the public in any manner. We fully intend to comply with any terms and conditions imposed by the Iowa Public Information Board,” Olson said.
Complainant Jan Norris said that she would also be signing the resolution. Upon showing of proof of compliance, the IPIB will dismiss this complaint as successfully resolved.