Benton County takes steps to prevent open meeting violations

VINTON – With little comment, the Benton County Board of Supervisors approved an agreement with the Iowa Public Information Board acknowledging possible violations of open meeting laws.

Attorney Brent Hinders read a part of the resolution aloud: “The Board acknowledges that under Iowa Code § 21.6(3) continued violations of Iowa’s Open Meetings Law can result in fines assessed to individual members of the Board, in addition to removal from office.”

The terms will be enforced by the Iowa Public Information Board, Hinders said. He was sure that County Attorney Ray Lough would be sure there is a plan and compliance.

Hinders said of the agreement, “I think we’re on a good road here, and in a fair agreement with a good government agency.”

The resolution was approved by all three board members.

The resolution says that between, Oct. 22 and Nov. 20, 2023, Braxton Morrison, Maggie Mangold, Dana Sanders, Kurt Karr, Valerie Close, Kaitlin Emrich, Lu Karr, Molly Rach and Alex Carros filed formal complaints alleging that Benton County Board of Supervisors violated Iowa Code chapters 21 and 22.

IPIB accepted the formal complaints in February.

By passing the resolution, Benton County Supervisors acknowledge that sufficient evidence exists regarding the closed sessions and failure to follow specific procedures for closed sessions presented in these complaints that a violation of chapter 21 could be found in a contested case proceeding.

The Board agrees to provide a transparent timeline of events and actions that occurred during or as a result of the closed sessions at issue. This timeline will include full transparency of any non-confidential facts or matters and will be provided to all parties and retain status as a public document.

The Board will work with counsel to develop a checklist for all procedural requirements in holding a closed session and the limitations of deliberation within a closed session to avoid any deficiencies in the future.

The Board and other county officials and staff will participate in training on Iowa Code chapters 21 and 22 in an open meeting. The IPIB will conduct the training and all elected officials from Benton County will attend.

The heads of boards and commissions within the county will be invited.

The Council will approve this resolution during an open meeting and include the full text in the minutes of the meeting. A copy of the minutes will be provided to the IPIB.

All terms of this Informal Resolution must be completed within 60 days of the date of approval of the Informal Resolution by all parties.

Upon showing proof of compliance, the IPIB will dismiss this complaint as successfully resolved.

Other business

Human Resources Director Sue Wilber discussed voluntary retirement incentive, or pre-retirement county paid leave. This was offered a few years ago, she said.

The board accepted the resignation of Assistant County Attorney Tim Dilley and discussed insurance for landfill employees.

Sheriff Ron Tippett recommended keeping the security camera in the conference room and putting that camera on a switch so it can be turned off by security during a closed session session.

A simple policy will describe when the camera needs to be turned off by security when requested by the auditor or the auditor’s designee.

The Board also talked about three more exterior cameras security cameras for the Hannen Lake shop and nature center.

A land use hearing was set for Tuesday, May 14, at 9:15 a.m. for Jake and Brittney Matzen for land in Section 19, Benton Township and for Tuesday, May 14, 9:25 a.m. for Carrie Petersen and Duane Wilson for land in Section 1, Benton Township.

The board approved Temporary Construction Closure on 21st Ave Dr in Big Grove Township for bridge replacement. Construction begins April 22.