15FC:0047 01/21/2016 Carrie Schoenebaum / Waukee School District - Report and Final Order

Date:
01/21/2016

Subject:
Carrie Schoenebaum / Waukee School District - Report and Final Order

Opinion:

Before the Iowa Public Information Board

RECOMMENDATION:  Dismiss complaint pursuant to the terms of the informal resolution.

On June 6, 2015, Carrie Schoenebaum filed a complaint with the Iowa Public Information Board (IPIB), alleging that the Waukee School District (School) violated Iowa Code Chapter 22 by refusing to release documents she requested from the School District.

In the week prior to June 5, 2015, Ms. Schoenebaum requested copies of “the redistricting scenarios developed at the May 26, 2015, Waukee School District Boundary Subcommittee meeting.”  The Subcommittee had open meetings.  During the May 26, 2015, meeting, it was alleged that members of this Subcommittee drafted renditions of various scenarios of school redistricting.  When Ms. Schoenebaum requested copies, the School replied that the consultants had not provided any copies of documents and that the scenarios “will be available for public feedback at the October Public Forum.”

One member of the school board sat on this advisory subcommittee.  This Subcommittee did not have final decision authority.

The School District responded that the documents that were discussed at the Subcommittee level were drafts and could be withheld pursuant to Iowa Code section 22.7(65). The School provided a brief recitation of the rationale for non-disclosure, along with significant pages of the materials that outlined the redistricting process.  All these documents were public records and were provided to Ms. Schoenebaum.  The School District agreed with Ms. Schoenebaum that the School District was the lawful custodian of public records in the possession of the consultant.

Ms. Schoenebaum questioned how documents freely shared during a public meeting could be claimed as confidential.  She also asserted that the School District had an obligation to retain all drafts, even if they were confidential records. Record retention is not addressed in Chapter 22; this issue was not within IPIB jurisdiction.

Subsequently, the School District filed an additional response specifically reviewing the School’s position in light of the IPIB Advisory Opinion AO2015-01.  On June 26, 2015, the School’s attorney submitted a supplement outlining how the materials in dispute fell within the definition of ‘draft’.  The supplement specifically outlined how the School fell squarely within the IPIB’s interpretation of the ‘draft’ confidentiality exemption of Iowa Code section 22.7(65) as posted on the IPIB website.

The IPIB accepted the complaint on July 16, 2015, and requested staff work with both parties to reach an informal resolution.  While not conceding that the materials were not confidential pursuant to Iowa Code section 22.7(65), the School offered to allow Ms. Schoenebaum, and anyone else, view and photograph any documents presented at an open meeting.  The documents (maps) were prepared off site by the consultant assisting the School with the boundary issue and brought to the subcommittee meetings.  These maps were not presented to the School until that meeting.  After input from each meeting, the consultant used the maps, with markups, to prepare another draft for the next meeting.  These preliminary, draft maps were not retained by the School or by the consultant.

The School did not make extra copies of the draft maps for each meeting, due to the large size of the maps and the cost for color reproduction of the oversize documents.

Ms. Schoenebaum did not agree with this proposal, as she could not always attend these meetings.  The School then offered to take color photos, in smaller sections, of each map at the meetings and share those photos with anyone who requested them.  The School provided a sample of what the section maps would look like.  The consultant took the marked up section maps after each meeting and discarded the maps once the information was inputted into the consultant’s system.

Ms. Schoenebaum responded that she would “revoke my complaint if the District releases the scenarios developed at the June 9th meeting by the end of this week (August 28, 2015) and agrees to release all subsequent scenarios upon request.”

At this time the School, through counsel, responded that the School could photograph and distribute photos of the maps at each meeting, but could not release the documents in advance of a meeting because the School did not have the documents.  The School argued that even if the documents were public records upon presentation to the Subcommittee, prior to that time the documents definitely should be considered as falling within the confidentiality provisions of Section 22.7(65).

Initial efforts to resolve this complaint informally under Iowa Code section 23.9 were unsuccessful.  A probable cause report was presented to the IPIB at the September 17, 2015, meeting.  Following a discussion by IPIB members and other speakers, the IPIB voted to return the complaint to IPIB staff to further pursue an acceptable informal resolution.

IPIB staff coordinated additional discussions of a possible informal resolution.  The complainant and the School agreed to the following informal resolution:

1.  The Waukee School District (District) agrees to request that RSP send the draft boundary scenario maps presented and developed at the 9/22/15, 10/6/15, and 10/27/15 school boundary committee meetings to the District, after each committee meeting and after RSP has completed its work with the maps (e.g., inputting information from the maps into its system).
2.  The District agrees to make the draft boundary scenario maps received from RSP available for public inspection, at the District office during regular business hours.
3. The District does not waive, and hereby preserves, its claim that the boundary scenario maps are “drafts” within the meaning of Iowa Code Section 22.7(65). 
4. The Iowa Public Information Board (IPIB) will research the issue of whether a confidential record can retain confidential status once presented at an open meeting and determine whether an administrative rule and/or an informal opinion on this issue should be pursued.
5. Compliance with the above resolution terms will be monitored by the IPIB and presented to the IPIB at its January 21, 2016, meeting.  Upon successful completion of the resolution terms, this complaint will be dismissed.

The redistricting process was finalized by the School District on Monday, December 14, 2015.   The IPIB adopted advisory opinion AO 2015 – 08 on November 19, 2015.  The terms of the informal resolution have been completed.  Pursuant to the #5, above, the complaint can now be dismissed as successfully completed.

Recommendation

I recommend that the IPIB dismiss this complaint pursuant to the terms of the informal resolution.

Respectfully submitted this 24th day of December, 2015.

Margaret E. Johnson, JD
Deputy Director
Iowa Public Information Board
Wallace Building, Third Floor
502 E. 9th Street
Des Moines, Iowa 50319
(515) 725-1783
(515) 725-1789 (fax)
Margaret.Johnson@iowa.gov
www.ipib.iowa.gov

Cc:          IPIB
                Carrie Schoenebaum
                Kristy Latta, counsel for Waukee School District