18FC:0026 Dennis Fischer/Sioux City Community School District - Dismissal Order

Date:
06/21/2018

Subject:
Dennis Fischer/Sioux City Community School District - Dismissal Order

Opinion:

The Iowa Public Information Board

COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.

Dennis Fischer filed formal complaint 18FC:0026 on April 3, 2018, alleging that the Sioux City Community School District School Board (Board) violated Chapter 21 of the Iowa Code (open meetings) and Chapter 22 of the Iowa Code (public records).  

Mr. Fischer claimed that at a meeting on March 26, 2018, the Board made improper statements during the open meeting, denied public comment, and deliberated on matters not listed on the agenda.  Specifically, he stated that a board member made a statement that could damage collective bargaining negotiations, the superintendent interrupted citizens, the superintendent invited an individual to speak who was not listed on the agenda, and the Board meets without proper notice outside regular meetings.

He also claimed that his record requests are not being fulfilled, although he did not provide any explanation of this complaint.
 

Maureen Heffernan, legal counsel to the Board, addressed the complaint.  She responded:

1. There was no deliberation or action taken on the Board member comment at the meeting.

2. Iowa Code section 21.7 allows a governmental body to conduct orderly meetings that are free from interruption or interference from the audience.

3. The speaker was asked to address a specific question from a Board member.  No deliberation or action occurred.

4. There are no details concerning meetings outside the properly noticed open meetings.

5. The school district has no record of any public record requests from Mr. Fischer.

Counsel for the Board is correct in her response to the alleged violations.  Iowa Code chapter 21.7 does not require that the Board allow observers to speak or interrupt the meeting.  Iowa Code chapter 21 does not govern the duties of a superintendent. Iowa Code section 21.2(2) requires “deliberation or action” in the definition of a meeting; comments made during the meeting are not required to be on an agenda unless it is planned for deliberation or action on the topic.  Stopping the comments by the Board member and the speaker was the proper way to prevent deliberation or action.

A review of the meeting video by IPIB staff confirmed the lack of deliberation or action by the Board.
 

There is insufficient information to accept this complaint about release of public records.
 

Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint.  These complaints do not meet all of those requirements.

IT IS SO ORDERED:  Formal complaint 18FC:0026 is dismissed as legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).

Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.”  The IPIB will review this Order on June 21, 2018. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.

By the IPIB Executive Director

_________________________________

Margaret E. Johnson, J.D.

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of June, 2018, to:

Dennis Fischer

Maureen Heffernan, attorney for the Sioux City Community School District