Date:
08/16/2018
Subject:
Josh Scheinblum/Linn-Mar Community School District - Dismissal Order
Opinion:
The lowa Public Information Board
In re the Matter of:
Josh Scheinblum, Complainant Case Number: 18FC:0045
And Concerning: Dismissal Order
Linn-Mar Community School District, Respondent
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order,
Josh Scheinblum filed formal complaint 18FC:0045 on June 5, 2018, alleging that the Linn-Mar Community School District (District) violated Chapter 22 of the Iowa Code (public records).
Mr. Scheinblum claimed that the District failed to provide public records pursuant to a request his television station, KCRG, made on March 26, 2018. The request was made for information pursuant to lowa Code section 22.7(11)(a)(5) concerning a teacher employed by the District who was "forced to resign in lieu of termination,β according to his complaint.
Email communications provided by the District indicate that a representative from the District responded to the request on March 28, 2018, and stated that the code section "does not require a public explanation of all terminations or resignations in lieu thereof, but rather only those that occurred as a result of a disciplinary action. Additionally, resignations are not considered 'in lieu of termination' if they occur in the absence of termination proceedings."
On May 3, 2018, Mr. Scheinblum requested an interview with the District Superintendent. This request was forwarded to legal counsel. The interview request was denied by legal counsel on May 7, 2018.
The District was provided a copy of the complaint on June 6, 2018. Legal counsel, Kristy Latta, responded on June 14, 2018, with a legal analysis of the applicability of Iowa Code section 22.7(11)(a)(5) to the facts in this matter.
Legal counsel concluded that the cited subsection does not apply to the facts in this matter: "In order for the District to commence termination proceedings against this teacher, the Code would have required the Superintendent of the District to issue the teacher a written notice of recommendation for termination outlining the reasons establishing just cause for termination, The issuance of the written notice is the objective measure by which any teacher is informed that a recommendation for termination is made, and a resignation after that point is βin lieu of termination. However, no such termination notice was ever issued by the District to the teacher in this case. Rather, the teacher was placed on paid administrative leave in connection with an internal investigation, and thereafter voluntarily resigned his employment effective at the end of his 2017-2018 employment contract." (Emphasis in original.)
Ms. Latta also noted in her response that teacher employment rights are protected by Iowa Code chapter 279. This code chapter outlines the due process rights and procedures that must be followed by a school district to terminate a teacher. The statutory requirements of Chapter 279, in particular the required written notification, had not commenced prior to the resignation of this particular teacher.
In further response, Mr. Scheinblum provided a copy of the resignation agreement, which states in section 2(c) that the the District would report that the teacher resigned his employment with the District in lieu of non-renewal of his contract."
This complaint is beyond the jurisdiction of the IPIB in that it was not filed within 60 days of the denial of the record request (March 28, 2018) as required by Iowa Code section 23.7(1).
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. This complaint does not meet all of those requirements.
IT IS SO ORDERED: Formal complaint 18FC:0045 is dismissed as beyond the jurisdiction of the IPIB pursuant to lowa Code section 23.8(2) and lowa Administrative Rule 497-2.1(2)(b).
The IPIB does not issue a ruling on whether Iowa Code section 22.7(11)(a)(5) has been violated.
Pursuant to lowa Administrative Rule 497-2.1(3), the IPIB may βdelegate acceptance or dismissal of a complaint to the executive director, subject to review by the board." The IPIB will review this Order on August 16, 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 10th day of August, 2018, to:
Josh Scheinblum
Kristy Latta, attorney for the Linn-Mar Community School District