14FC:0033 - 14FC:0038 - 14FC:0059 01/15/2015 Jedd Sherman, Don Rogerson and Margaret Stoldorf / Red Oak Community School Board

Date:
01/15/2015

Subject:
Jedd Sherman, Don Rogerson and Margaret Stoldorf / Red Oak Community School Board

Opinion:

Iowa Public Information Board

RE:  Formal Complaint 14FC:0033, filed by Jedd Sherman and concerning the Red Oak Community School Board; formal complaint 14FC:0038, filed by Don Rogerson and concerning the Red Oak Community School Board; and formal complaint 14FC:0059, filed by Margaret Stoldorf and concerning the Red Oak Community School Board (School Board). The Iowa Public Information Board (IPIB) accepted complaints 14FC:0033 and 14FC:0038 on June 19, 2014, and accepted complaint 14FC:0059 on August 21, 2014.  All three complaints were assigned to IPIB staff for informal resolution pursuant to Iowa Code section 23.9.  Pursuant to Iowa Code section 23.10, a formal investigation was conducted and probable cause reports prepared.  The complaints involved certain closed sessions in April and May 2014, and insufficient notices and agendas during the spring and summer of 2014.  On October 16, 2014, the IPIB approved the proposed remediation plans.  By report dated December 19, 2014, the School Board has established full compliance with the terms of the plans.  Recommend dismissal of all three complaints pursuant to the terms of the remediation plans.

The terms of the remediation plan for the Rogerson and Sherman cases are as follows:

1.    All Board members, as well as the Superintendent, will review the website training on Open Meetings and Public Records found at the IPIB website:  www.ipib.iowa.gov, under the Training menu.

2.   All Board members, as well as the Superintendent, are encouraged to attend the Iowa Association of School Boards (IASB) annual training in Des Moines, Iowa, in November 2014, or arrange for equivalent training with the IASB or the IPIB.

3.   The Board acknowledges that the challenged agenda items from the April 10, 2014, and April 14, 2014, Board meetings did not meet the requirements for an adequate agenda under Iowa Code Section 21.4(1).

4.   The Board acknowledges Iowa Code subsection 21.5(1)(i) is applicable when holding a closed session to evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when necessary to prevent needless and irreparable harm to that individual’s reputation and that individual requests a closed session.

5.   All Board members will be provided a copy of the Iowa Open Meetings, Open Records Handbook prepared by the Iowa Freedom of Information Council for quick reference during meetings.

6.   All Board members will be provided a copy of the IASB publication Open Meetings and Public Records Manual.

7.   The Board will ensure that future agendas meet the requirements of Iowa Code Section 21.4.  Questions concerning sufficiency will be directed to the IPIB or the Board’s attorney.

This plan was approved by the IPIB on October 16, 2014.

A separate plan, with similar terms, was adopted by the School Board on the Stoldorf complaint:

1. All Board members, as well as the Superintendent, will review the website training on Open Meetings and Public Records found at the IPIB website:  www.ipib.iowa.gov, under the Training menu.
2. Board members that are available, as well as the Superintendent, will attend the Iowa Association of School Boards (IASB) annual training in Des Moines, Iowa, in November 2014. 
3. The Board acknowledges that the challenged agenda item from the June 30, 2014, Board meeting did not meet the requirements for an adequate description of the personnel items to be considered under Iowa Code Section 21.4(1).
4. The IPIB will provide Board members with a copy of the Iowa Open Meetings, Open Records Handbook prepared by the Iowa Freedom of Information Council for quick reference during meetings.
5. All Board members will be provided a copy of the IASB publication Open Meetings and Public Records Manual.
6. The Board will strive to describe future agenda items sufficiently to meet the requirements of Iowa Code Section 21.4.  Questions concerning sufficiency will be directed to the IPIB or legal counsel.

This plan was approved by the IPIB on October 16, 2014.

Both plans established a completion date and terms of further action upon completion:

The above provisions shall be completed no later than December 31, 2014, and a report of compliance shall be filed by the Board with the IPIB no later than January 6, 2015.  Upon successful completion of the remediation plan, the IPIB shall dismiss the complaint as resolved with no additional sanctions.

On December 19, 2014, the Superintendent of the Red Oak School District, Terry Schmidt, submitted a report concerning completion.  The report consists of signed affirmations from all School Board members as well as the Superintendent.  All five School Board members, as well as the Superintendent, reviewed the IPIB website training, participated in a 75 minutes training provided by the IASB, and acquired and reviewed copies of the “Iowa Open Meetings, Open Records Handbook” and the “Open Meetings and Public Records Manual.”

In addition, the Superintendent, School Board President and two of the four other School Board members attended the 2014 Iowa Association of School Boards Annual Conference.  The report included the outline and materials of the IASB training and the agenda for the November Annual Conference.

The School Board also submitted copies of 16 agendas and 15 minutes from meetings between July 22, 2014, and December 15, 2014.  These documents are also available on the School Board website.  The agendas do not appear to have any irregularities.

Copies of all documents provided by the School Board were forwarded to all three complainants on December 22, 2014.  Ms. Stoldorf and Mr. Rogerson contacted this office with concerns.  Copies of those statements are attached.

Pursuant to the terms of the remediation plans, I recommend that the IPIB dismiss all three complaints as resolved.  Future violations should be viewed as “knowingly” committed and subject to enhanced statutory damages.

Respectfully submitted this 9th day of January, 2015.

Margaret E. Johnson
Deputy Director

CC:      IPIB
            Margaret Stoldorf
            Don Rogerson
            Jedd Sherman
            Red Oak Community School Board
            Rick Engle, counsel for Red Oak Community School Board