D
es Moines County Board of Supervisors is addressing two complaints filed with the Iowa Public Information Board (IPIB). The first concerns Cindy Newberry’s request for the county board’s email correspondence. Assistant County Attorney Trent Henkelvig will review nearly a thousand emails to ensure no confidential information is released before responding.
The second complaint, lodged by Dale Alison on October 28, involves the sale of the former Public Health building at 522 N. 3rd Street, Burlington. Alison alleges the board violated the Iowa Open Meetings law by holding a closed session on September 9 to discuss the property’s sale. He argues that setting a minimum bid of $125,000 removed the risk of premature disclosure affecting the sale price, thereby breaching the law’s requirement that closed sessions be limited to discussions where early disclosure could reasonably alter the price the government would pay or receive.
Alison, together with Joseph Myers, President and CEO of Transitions DMC (Divine Mercy of Christ) homeless shelter, approached the board earlier this year to purchase the building for use as a shelter for unaccompanied minor children. He requested that the board acknowledge the alleged violation during a recent meeting. Supervisor Tom Broeker said the board did not respond to his concerns, and Alison clarified that he was not threatening the board.
Lee Alexander, IPIB counsel, acknowledged the complaint and opened an investigation. He noted that the relevant section of Iowa Code Chapter 21 is sparsely interpreted but that the complaint falls within IPIB’s jurisdiction and may have merit. Henkelvig, after reviewing the code, advised the board to proceed with the closed session, asserting that the minimum bid did not constitute a reduction in the price the county would receive. He pointed out that the bid was half the assessor’s valuation and that the final sale price was lower than that valuation, but argued that the closed session was still lawful. Henkelvig added that the closed‑session minutes would be released to the public once the sale’s closing documents are signed.
IPIB is required to respond promptly; delays can trigger a formal case with harsher sanctions. This is not the first time the board has faced scrutiny. In 2024, a closed session held at the request of former IT Director Collin Gerst to discuss FOIA request handling drew complaints from Mississippi Valley Publishing, Freedom of Information Council Executive Director Randy Evans, and Burlington resident Greg Mangold. The board was mandated to attend an educational session on open‑meeting and open‑records laws and to publish the audio and minutes of the illegal session. After compliance, the complainants withdrew their complaints.