Mt. Pleasant citizen calls on Iowa Public Information Board to enforce open meetings law

MT. PLEASANT — Jack Swarm, a local resident and open government advocate, is calling on the Iowa Public Information Board (IPIB) to reject a proposed dismissal of his complaint alleging the Mt. Pleasant City Council illegally entered into a closed session in January 2022 to discuss and ultimately discharge a city employee.

The IPIB is set to hear the case, Complaint 22FC:0011, at its meeting on Thursday, May 15 at 1 p.m. The proposed dismissal is drafted by Erika Eckley, Executive Director of IPIB.

The case has already drawn scrutiny from the Iowa District Court, which ruled in November 2024 that the IPIB’s prior dismissal of the complaint was “unreasonable” and “unsupported by substantial evidence.” The court reversed that decision, finding that no litigation was pending or imminent at the time of the closed session — a key requirement under Iowa Code § 21.5(1)(c) for holding such a meeting in private.

Despite that court ruling, the IPIB is now recommending that it acknowledge probable cause for a violation but dismiss the case anyway as a matter of “administrative discretion.”

“That’s not accountability. That’s abandonment,” said Swarm. “When a public body holds an illegal closed meeting, evaluates an employee's performance behind closed doors, terminates them under a vague agenda item, and then faces no consequences — even after a judge calls out the violation — what message does that send to every city council in Iowa?”

Swarm argues that Ms. Eckley's proposed dismissal violates the very statutes it was created to enforce. Under Iowa Code Chapter 23.10 and Chapter 23.6, if the Board finds probable cause that a violation occurred, it is required to initiate a contested case proceeding — not unilaterally dismiss the matter.

Swarm also criticized the IPIB’s investigative process, noting that he was never interviewed and that the report ignored many of his key allegations, including: the City Council’s use of a vague agenda item to conceal the fact an employee would be considered for termination.

“The law says Iowans have a right to know what their government is doing. That right is meaningless if violations are swept under the rug,” said Swarm. “This isn’t just about one employee. It’s about whether citizens can trust that their local officials are acting in the open — and whether the IPIB has the will to enforce the law when they don’t.”

Swarm will address the IPIB during the May 15, 1 p.m. meeting, which will be streamed on YouTube (@IowaPublicInformationBoard) and Google Meet, and open to the public at the Jessie Parker Building in Des Moines.