18FC:0028 Brian Jacob/Woodward-Granger Board of Education - Partial Acceptance Order

Date:
05/17/2018

Subject:
Brian Jacob/Woodward-Granger Board of Education - Partial Acceptance Order

Opinion:

The Iowa Public Information Board

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

On April 6, 2018, Brian Jacob filed this formal complaint against the Woodward-Granger Board of Education (Board) alleging four violations of Iowa Code chapter 21 on October 2, 2017, February 12, 2018, February 19, 2018, and April 2, 2018.  He alleged that the Board violated Iowa Code sections 21.5 and 21.4(1)(a) by holding improper closed sessions.
 

It should be noted that the IPIB does not have jurisdiction over the alleged October 2, 2017, violation as it is beyond the jurisdiction of the IPIB pursuant to the 60-day jurisdictional limitation of Iowa Code section 23.7.
 

At the February 12, 2018, meeting, the Board voted to go into exempt sessions pursuant to Iowa Code section 21.9.  The first session appears to be a proper exempt session. Chapter 21.5 does not apply to an exempt session. The second session does not appear to be a proper exempt session.  Therefore, this complaint appears to have merit as to that session.
 

At the February 19, 2018, meeting, the Board went into an exempt session pursuant to Iowa Code section 21.9.  The agenda does not list an exempt session. The minutes indicate an exempt session, but no specific reason for the exempt session.

At the April 2, 2018, meeting, the agenda noted that the Board might go into closed sessions to review the professional competency of certain individuals pursuant to Iowa Code section 21.5(1)(i).  There do not appear to be any irregularities in the agenda or the minutes.

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.  The complaints concerning the February 12, 2018, and February 19, 2018, meetings meet those requirements.

IT IS SO ORDERED:  Formal complaint 18FC:0028 is partially accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a).  Parties are directed to engage in reaching an informal resolution, with the assistance of IPIB staff, pursuant to Iowa Code section 23.9.

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 April 19, 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.

Dated this ____ day of May, 2018.

CERTIFICATE OF MAILING

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

Brian Jacob

Woodward-Granger School Board, Wendi Tolan, counsel