A better way to settle disputes

By The Gazette Editorial Board

--

It's unacceptable, and illegal, for a public agency subject to open meetings law to vote in secret on whether to spend the public's money. It's disturbing that such action would even be considered.

Yet the Upper Explorerland Regional Planning Commission board voted anonymously Sept. 23 to accept a half-million-dollar-plus contract to buy property in Decorah for its new headquarters. Then, apparently attempting to rectify that vote, the commission mailed ballots to its members for them to sign and return. Also a violation.

To its credit, the commission later reconsidered its actions and took the decisive vote Nov. 30 at an open meeting.

Nonetheless, those actions and others cited by Postville leaders are the subject of a lawsuit scheduled for trial Aug. 10. The lawsuit, which alleges more than 50 open-meeting law violations over more than a decade, also claims the Nov. 30 meeting was in violation because commission staff, employees and invitees “took all available seats,” thus not ensuring that the vote occurred “at a place reasonably accessible to the public,” as state law requires.

The defendants acknowledge that the secret vote and mailed ballot were mistakes, but note that the state Citizens' Aid/Ombudsman Office said the Nov. 30 vote was in compliance and the issue is moot.

Commission Executive Director Aaron Burkes says the lawsuit is essentially retaliation by the plaintiffs - the city of Postville and Jason Meyer, Postville Herald publisher and a member of the city council - for the decision to move the Upper Explorerland headquarters out of Postville.

Mayor Leigh Rekow said the lawsuit aims only to ensure a public agency follows the law.

Upper Explorerland, similar to other regional planning organizations, assists five northeast Iowa counties and their communities with multiple services, including economic development, technical assistance, grant applications, housing assistance and career training for low-income people and families, and transit planning. Its board includes some elected officials, who certainly should understand Iowa's open meetings/open records law.

Without judging intent, this case looks like another example of why Iowa needs an independent board to review, make prompt, objective decisions and, if justified, issue penalties regarding alleged violations of that law. We have argued that such a board, at minimal public expense, could resolve most disputes more quickly and at less expense for all than leaving them to the courts or discouraging complaints. But the Legislature has failed to act on various proposals for three years.

Perhaps the Postville lawsuit will clear the air. Either way, we hope it helps persuade legislators to support a better way to settle such cases.

n Comments: thegazette.com/

category/opinion/editorial or

editorial@sourcemedia.net