News : Iowa Public Information Board Upholds Complaints

IPIB Upholds Complaints of Benton County Residents

The Iowa Public Information Board met on Thursday, to address complaints filed by Benton County residents. The board deals with complaints concerning Iowa law specifically those dealing with Chapters 21 and 22 which address Open and Closed Sessions for public officials.

Between October 22 and November 20, ten separate complaints were filed against the Benton County Board of Supervisors stating violations of Iowa Code; Chapters 21 and 22.

The complaints filed by members of the former Benton County Board of Health were dismissed because a settlement was reached in a lawsuit filed in Iowa District Court against the Benton County Board of Supervisors. IPIB reported that "as part of the settlement, the Supervisors do not admit that they did anything wrong."

However, an acceptance order was issued upholding the six remaining complaints citing the following concerns:

Complaints that were upheld:

1. 9/26/23

A closed session was held to review an employee. While it was noted on the agenda and the board went into a closed session, it is believed that there was a discussion of the Board of Health who was not consulted about if they would like to participate, which is required by law.

A review showed the closed session was for a different employee did not request it, which is allowed under Iowa Law Code 21.51(i). The review showed that the discussion exceeded the purpose of the closed session in violation of Iowa Code 21.52.

The recommendation was made to accept this complaint excluding the part that was settled in the lawsuit.

2. 10/3/23

A closed session was two attorney client discussions held. There was an indication of a vote taken at theis meeting to terminate the Benton County Board of Health. The Board did hold a closed session to discuss strategy with counsel concerning matters that were currently in litigation, the county attorney did attend both sessions.

Upon review, there was not a motion to go into a closed session, the supervisors did leave the closed session and then took another vote to go back into a closed session which was not included in the minutes. They did come out of that session but it is not included as to when.

Acceptance was made based on the deficiencies of the minutes, but anything having to do with the lawsuit will be dismissed.

3. 10/31/23

A closed session was held to evaluate the HR Director Sue Wilber. The Board dismissed the Auditor during a closed session and had Wilber take the minutes and record the session.

In listening to the recording of the closed session, the board did exceed the scope of the intended purpose of the closed session and for that, the complaint was accepted.

4. Failure to provide a draft document that was handed out during an open meeting. This was an unsigned contract between Virginia Gay Hospital and the Board that was presented at the meeting for consideration of the board and copies were not immediately provided as it was deemed a draft document. It was later provided to those parties requesting it responding to the complaint. Because of this, this complaint was dismissed.

5. The Board refused to answer questions about a harassment case that was recently settled, Iowa Code Chapters 21 and 22 do not require that there be answers to questions, there was no specific records request, because there was nothing within an open meeting there was no violation, this complaint was dismissed.

Brent Hinders, attorney for the Benton County Supervisors, stated that this was the first complaint made about this Board of Supervisors. He also stated that parts of it were settled and dismissed as part of the settlement. The terms of the settlement state that the Supervisors would attend training. He also reiterated that a statement was given concerning the termination of the Board of Health at the January meeting.