Date:
05/17/2018
Subject:
Maxine McEnany/Bettendorf Community School District - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Maxine McEnany, Complainant And Concerning: Bettendorf Community School District, Respondent |
Case Number: 18FC:0029
DISMISSAL ORDER
|
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On April 11, 2018, Maxine McEnany filed this formal complaint, alleging that the Bettendorf Community School District (District) violated Iowa Code chapter 22 by failing to release public records she requested.
In her complaint, Ms. McEnany stated that on February 20, 2018, she asked the District for copies of emails between four named individuals and any District personnel. The records were provided to her on March 6, 2018. She alleges that the records released are incomplete. Ms. McEnany referenced “broken email threads” in the records she received.
She states that two citizens have online social media posts that contain false and misleading information about her and that the posts claim that the information was released by the District. Upon reviewing the records provided by the District, Ms. McEnany found District records that she reports are false and inflammatory. The social media posts of the two citizens have referenced other records that were not provided to her by the District. She also noted that she has email communications that were not included in the records she received.
The social media posts have made statements that are inaccurate about Ms. McEnany, according to her complaint. Ms. McEnany was the director of finance for the District. She states she brought various financial and other irregularities to the attention of the school board. When her concerns went unanswered, she requested a state audit. The state conducted a reaudit that was released in May 2016. The reaudit included some recommendations that were then incorporated by the District.
Subsequently, the private social media sites began posting materials that were critical of Ms. McEnany. She believes that either the District released inaccurate information or the private individuals posted false or misleading information. She has been trying to find the source of this information.
Ms. McEnany contacted the IPIB in March of 2018, requesting assistance in prohibiting the release of public records concerning her. She was not able to file for an injunction pursuant to Iowa Code section 22.8, as the records had already been released.
When she left employment with the District, she approved a settlement agreement that incorporated a provision that stated:
“...The parties further agree to not discuss this Agreement with the press other than to provide the joint statement to them. McEnany agrees she shall not, effective upon the date of execution of this Agreement, disparage, defame, or otherwise communicate any information damaging or potentially damaging to BCSD to any third party, including the media, the business community, or any governmental agency, federal, state, local, or international, unless required to do so by compulsory legal process….”
The District also agreed “not to disparage (Ms.) McElany to any third party...unless required to do so by compulsory legal process.” This provision does not prohibit the release of public records.
The agreement also noted that the agreement itself is subject to disclosure as a public record in response to a request for public records.
In response to the complaint, the District attorney provided a copy of all materials released to Ms. McEnany. The District attorney and the superintendent both confirmed that these are all the records responsive to the record request. Ms. McEnany acknowledged receipt of these records; however, she still believes there are additional records that are disparaging to her that have not been released to her, but were released to others.
Counsel for the District indicated that the District is aware of its responsibilities under the agreement and is very careful with its disclosure of public records concerning Ms. McEnany.
According to Iowa Code chapter 22, the described emails and the settlement agreement are all public records. The District is required to release public records and has no control over the use of these records by third parties. The District cannot compromise its responsibility to release public records through the use of an agreement. The only avenue to restrict the release of otherwise public records is through the injunction process of Iowa Code section 22.8.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint does not fulfill those requirements.
IT IS SO ORDERED: Formal complaint 18FC:0029 is dismissed as beyond the jurisdiction of the IPIB and 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 May 17, 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 _______, 2018.
Cc:
Maxine McEnany
Wendy Meyer, counsel for the Bettendorf Community School District