Iowa Public Information Board sued over alleged violation of state Open Meetings Law

Iowa Capital Dispatch
July 18, 2024

The state panel charged with ensuring transparency in government is being sued for allegedly violating Iowa’s Open Meetings Law.

Briana Reha of Polk County is suing the Iowa Public Information Board and its members for the manner in which they approved a pay raise for the board’s executive director, Erika Eckley.

The lawsuit alleges that on June 25, IPIB posted an agenda for its June 27 board meeting. Nine minutes into the meeting, Monica McHugh, the board chairman, proposed an increase to Eckley’s salary as a topic for board deliberation and action. After briefly discussing the matter, the board approved a 6% salary increase for Eckley by unanimous vote, bringing her total annual salary to $103,307.60.

The video of the board meeting indicates the board was informed that anything above 6% would exceed the allowable salary range for the position. Eckley was appointed to the job in March 2023.

The lawsuit alleges the board did not include on its agenda a salary increase as a topic of board discussion or as an action item for the board. The agenda and the related board materials contained no reference to a possible salary increase, and only indicated that the board chairman would make comments pertaining to  “Eckley’s evaluation.”

That notice “did not sufficiently apprise the public and give full opportunity for public knowledge and participation on the issue of the proposed salary increase,” the lawsuit claims.

The lawsuit seeks a court finding that IPIB violated the state’s Open Meetings Law and asks that the court void the salary increase and issue an injunction ordering the board to refrain from any future violations.

Eckley declined to comment on the lawsuit and referred all questions to the office of Iowa’s attorney general.

The attorney general’s spokesperson was at the Republican National Convention on Thursday, according to the office staff, and she could not be reached for comment.

The Iowa Public Information Board is a nine-member panel appointed by the governor and confirmed by the Senate for the stated purpose of fielding complaints about local and state boards, commissions and councils’ compliance with Iowa’s Open Meetings Law and Open Records Law.

In 2018, Iowa’s Office of Ombudsman issued a report on IPIB called “No Model for Transparency.” The report was critical of the manner in which IPIB handled complaints and of the manner in which IPIB responded to the ombudsman’s inquiries on two issues.

“We conclude that IPIB’s board violated at least two of the laws they are charged with enforcing,” the report stated, concluding IPIB acted illegally when it voted on matters without publicly explaining what it was voting on.

As part the ombudsman’s investigation into that matter, the office had asked for, and eventually subpoenaed, tapes of IPIB’s relevant closed-door meetings. IPIB refused to turn over the tapes, and the ombudsman’s office opted not to pursue the issue in court.

Iowa Capital Dispatch is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Iowa Capital Dispatch maintains editorial independence. Contact Editor Kathie Obradovich for questions: info@iowacapitaldispatch.com. Follow Iowa Capital Dispatch on Facebook and X.