Date:
03/21/2019
Subject:
Larry Trickel/Harlan Independent School District - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Larry Trickel, Complainant And Concerning: Harlan Independent School District, Respondent |
Case Number: 19FC:0026 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On March 8, 2019, Larry Trickel filed this formal complaint against the Harlan Independent School District (District) alleging that the District had violated Iowa Code chapter 21 during an open meeting on March 4, 2019.
Mr. Trickel alleged that the District violated Iowa Code chapter 21 during this meeting by not allowing him to speak during the school board meeting. The school board had an agenda item labeled as “Discussion Regarding Communications from Mr. Larry Trickel.” During this agenda item, certain members of the school board discussed questions he has asked of the school board concerning their governing activities. He was not provided an opportunity to respond to the comments made.
Iowa Code section 21.7 states that a governmental body may make and enforce reasonable rules for the conduct of meetings “to assure those meetings are orderly, and free from interference or interruption by spectators.” Although many governmental bodies provide for public comment during a meeting, this is not required by Iowa Code.
Mr. Trickel asked that the IPIB require the District to answer his questions. He also asked that the IPIB require the Harlan Newspapers print an apology for a news article published by the newspaper after that meeting.
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 those requirements.
IT IS SO ORDERED: Formal complaint 19FC:0026 is dismissed as legally insufficient and without merit 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 March 21, 2019. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson, J.D.