Date:
03/15/2018
Subject:
Michael Dickson/West Central Valley Comm. Schools - Revised Probable Cause Report & Order
Opinion:
Before The Iowa Public Information Board
|
In re the Matter of: Michael Dickson, Complainant And Concerning: West Central Valley Community School, Respondent |
Case Number: 17FC:0043 Revised Probable Cause Report |
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits this Revised Probable Cause report for review and action by the IPIB.
On May 18, 2017, Michael Dickson filed formal complaint 17FC:0043 against the West Central Valley Community School District School Board (Board). He alleged that the Boardās agendas did not meet the requirements of Iowa Code chapter 21. He stated that the Board also adds agenda items at meetings and takes action on matters not on the agenda. Mr. Dickson provided examples of past meeting agendas, He also provided copies of agendas and minutes from meetings in March, April, and May of 2017. The specific dates within the 60 day IPIB jurisdiction were April 5th, April 19th, and May 17th of this year.
Legal counsel for the Board responded to the complaint on June 6, 2017, stating that the complaint is without merit. The response noted that the amendments were not controversial. He also stated that the use of a tentative agenda implies that the agenda is subject to change. Personnel names and open enrollment names are not included on the agenda for privacy reasons, according to the Boardās attorney.
Counsel also noted that many of the added agenda items are āpublic knowledgeā, which he stated was sufficient for reasonable notice.
The examples provided raised concerns about whether the agendas met the requirements of Chapter 21. The IPIB accepted the complaint on July 20, 2017. IPIB staff then engaged in developing an informal resolution pursuant to Iowa Code section 23.9.
Mr. Dicksonās original complaint requested that the IPIB ātake actionā against the members of the school board. He was asked to provide proposed terms for the informal resolution on July 26, August 2, and August 8. During a telephone conversation on August 14, 2017, he said that he wanted the Board fined and that he was not interested in pursuing an informal resolution. He confirmed this statement in writing on August 16, 2017, writing he āwould like to proceed declining any informal resolution.ā
Following his decision to disengage from the informal resolution process, IPIB staff conducted a formal investigation pursuant to Iowa Code section 23.10. As part of that investigation, the agendas and minutes of the Board since the filing of the complaint were reviewed. It was apparent that the Board had incorporated IPIB suggestions and improved the agendas to meet the best practices recommendations of IPIB staff.
Counsel also agreed that some of the Board agendas were not as detailed as they should probably be. He agreed to work with the Board to improve the quality of the agendas. He also suggested that he could prepare a memorandum to the Board instructing them on the preparation of an appropriate agenda. This policy memorandum was prepared on June 2, 2017, and a copy provided to the IPIB.
The Boardās counsel also suggested that he provide training for all Board members after the new Board election in September 2017. This training was conducted on November 15, 2017. Mr. Dickson was present at the training and questioned whether the new Board was serious about continuing compliance with Iowa Code chapters 21 and 22. He planned to send an audio recording of the training for IPIB review, but was unable to do that.
Mr. Dickson provided copies of the December agenda and meeting minutes. There were some concerns with inadequacies on those documents, even after the Board training in November. These concerns were raised with counsel for the Board. Counsel provided copies of the January 2018 agenda and minutes. These documents were in compliance with Iowa Code.
The Board acknowledged that some of the agendas were insufficient and initiated steps to improve the agendas. The Board has also received training on Iowa Code chapters 21 and 22. If there are future violations by this Board, Board members may be considered to have acted willfully and knowingly. This could result in increased penalties.
This report was initially distributed on February 7, 2018. Mr. Dickson requested that consideration of the report be postponed until the March 15, 2018, IPIB meeting to address statements he felt are misleading.
In an email dated March 5, 2018, Mr. Dickson outlined his concerns:
--December 13, 2017
--Again under personnel there are no names listed on the agenda. I do believe names of the potential hires should be listed on the Agenda. At the meetings the Superintendent recommends the board approve a contract for any given new employee. Confidentiality does not apply to this matter, once the contract is recommended at the board meeting the individuals name is given, that is public record.
--Under F. District Presentations: 1. AD Update - Mr. Doely
-- The agenda states nothing about taking bids for concrete work. But the minutes state "Review of concrete bids for work at Athletic Complex" then a vote followed that. None of this was on the agenda.
-- January 17, 2018
--Again no names listed under personnel on the agenda.
-- Under D. District Presentation
--The agenda states "present information on their grant writing project". But in the minutes the board took action and voted on and committed money towards this grant. That was not stated on the agenda.
--February 21, 2018
--Again no names are listed under Personnel.
--H. Replacement for Dexter Administration - Discussion
-- The agenda states "Replacement for Dexter Administration - Discussion" The minutes state the board hired someone on a unanimous vote, but I thought it was just a discussion and clearly the board took action.
I addressed the December 2017 agenda problems with the Boardās counsel. I reviewed the January agenda prior to writing the previous report. Upon review of the February agenda, I contacted counsel for the Board and recommended that future agendas not list an item for ādiscussionā if there was a possibility that action would be taken. I do not consider the other concerns stated for the January and February agendas sufficient to continue supervision.
IPIB Action
The IPIB has several options upon receipt of a probable cause report. According to Iowa Administrative Rule 497 - 2.2(4):
āBoard action. Upon receipt and review of the staff investigative report and any recommendations, the board may:
a. Redirect the matter for further investigation;
b. Dismiss the matter for lack of probable cause to believe a violation has occurred;
c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter;
d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding; or
e. Direct administrative resolution of the matter under subrule 2.1(6) without making a determination as to whether a violation occurred.ā
Recommendation
The violations by the Board consisted of several agenda items that could have been better described, along with past votes to amend agendas just prior to a meeting. The Board took appropriate steps to remedy these concerns. The Board has also engaged in appropriate training. It is my recommendation that the IPIB find that there is probable cause to believe that a violation has occurred, but, as an exercise of administrative discretion, dismiss the complaint, pursuant to Iowa Administrative rule 497 - 2.2(4)(c).
The IPIB can address the basics necessary for a sufficient agenda by rule or by advisory opinion.
Respectfully Submitted this ____ day of _________, 2018.
_________________________________
Margaret E. Johnson, J.D.
Executive Director
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of ________, 2018, to:
Michael Dickson
Brian Gruhn, attorney for West Central Valley Community School District
The Iowa Public Information Board
|
In re the Matter of: Michael Dickson, Complainant And Concerning: West Central Valley Community School, Respondent |
Case Number: 17FC:0043 Order |
This matter comes before the Iowa Public Information Board (IPIB) this 15th day of March, 2018, to consider a Revised Probable Cause report filed on March 9, 2018.
The Revised Probable Cause Report recommends that the IPIB determine that probable cause does exist to believe that the West Central Valley Community School District violated Iowa Code chapter 21 and that the Respondent has completed appropriate remediation.
The IPIB has determined that there is Probable Cause to believe that the West Central Valley Community School District violated Iowa Code chapter 21, but, as an exercise of administrative discretion, dismisses the complaint pursuant to Iowa Administrative Rule 497-2.2(4)(c).
Pursuant to Iowa Administrative Rule 497-2.2(4)(c) the IPIB adopts the findings and recommendations of the Probable Cause report and dismisses this complaint.
So ordered this 15th day of March, 2018.
_____________________________________
IPIB Chair
Cc:
Michael Dickson
Brian Gruhn, attorney for West Central Valley Community School District