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The Iowa Public Information Board recommended legal action against the Union County Emergency Management commission because of how it held a meeting last year and the response to the information board. The emergency management board was instructed last spring to undergo additional public meeting training but the information board is still waiting for confirmation on certain records.
According to the information board Dec. 19, former Union County Emergency Management employee Bonnie Castillo alleged Feb. 2, 2024, the board had a closed session called by the county attorney on Jan. 24, 2024, that was not published on the agenda or announced prior to the start of the closed session. The county attorney interrupted the regular meeting, asked all but emergency management members to leave and held the closed session.
Management director Jo Duckworth stated the board held a closed session that was not on the meeting agenda because the attorney did not tell her about it. She said all in attendance except for board members were asked to leave to hold the closed session. The Iowa Public Information Board accepted the complaint on April 18, to address the improper closed session.
Pursuant to Iowa Code section 23.9, information board staff provided an informal resolution agreement to all parties.
The agreement required the following:
1. Emergency management acknowledges that for the meeting on Jan. 24, a portion of the meeting was a de facto closed session when members of the public were asked to leave the meeting to conduct a discussion with the county attorney. This was not included on the agenda as required under Iowa Code chapter 21.
2. Emergency management will conduct open meetings and public records training at an open meeting with notice to the public. This training will be conducted by the Iowa Public Information Board. This will be scheduled by the board and the emergency management, staff, and county attorney will attend. Other government bodies may be invited at the emergency management’s discretion.
3. Emergency management will review its policies and procedures for providing notice and setting agendas and for preparing minutes for every meeting as required under Iowa Code chapter 21 and make any necessary changes to any existing policies.
4. Emergency management will develop a checklist for conducting a closed meeting and will provide it to the information board for approval.
5. Emergency management will approve this agreement at an open meeting and provide a copy of this informal resolution in full with its meeting minutes. The informal resolution was provided to the parties on April 26.
On May 30, public information board followed up with the parties regarding the informal resolution. A revised informal resolution was sent to the parties on June 4. The public information board again followed up on adoption of the informal resolution on Sept. 10 after training had been completed on Aug. 21. Public information board was informed it would be on the emergency management agenda for Sept. 19. The informal resolution was resent to the parties on Sept. 19.
On Oct. 3, public information board followed up again regarding the informal resolution. To date, neither party has signed or adopted the informal resolution. Emergency management has done the following:
Training by the public information board was conducted Aug. 21. Members and staff of emergency management attended as well as individuals from local government bodies.
Emergency management passed a policy at its Sept. 19, meeting regarding closed sessions and procedures to follow. Instead of a signed informal resolution, emergency management provided a copy of the policy it passed on Sept. 19. The copy provided by Duckworth was inaccurate. A corrected copy was provided by Union County Human Resources Director Paul Greufe, but the original inaccurate version was included in one of the meeting packets sent on Nov. 14.
On Oct. 3, public information asked for documentation of the notice provided for the training, information about attendance by emergency management members and the county attorney, copies of the minutes from the meeting adopting the resolution, and the minutes from the meeting. There was some confusion regarding what was actually passed by emergency management.
On Oct. 31, public information followed up again for documentation, Duckworth responded to its inquiry. Despite the assurances of sending the documents, nothing was received. Public information followed up again and on Nov. 14. Greufe provided three packets of documents provided to emergency management for their meetings in August and September. One of the packets included an agenda and minutes. An agenda for Aug. 21, was included that listed the training by public information following the regular meeting of the emergency management and a sign-in sheet for the training.
One packet appeared to be the same as another packet with the addition of the draft resolution for closed sessions. No other response from emergency management has been provided. No informal resolution has been signed. Notice of the agenda in which the training occurred and a sign in sheet of attendees was provided. No information has been provided regarding the review of providing notice, setting meeting agendas, or preparing minutes. Emergency management has not publicly acknowledged the improper closed session.
Action Taken Under Iowa Code section 23.9, once the board accepts a complaint, public information is required to work with the parties to attempt to resolve the complaint informally. Since April, public information has tried to get an informal resolution completed. Public information staff provided training on Aug. 21.
It is recommended the board determine probable cause exists to believe UCEMA violated Iowa Code chapter 21 because emergency management held a closed session without proper notice or procedure on Jan. 24, 2024.
Public information would be fully within its right to initiate a contested case proceeding in this matter.