19FC:0029/19FC:0041 Rebecca Carroll and Dan Jamison/Woodward-Granger Community School District - Consolidation and Dismissal Order

Date:
05/16/2019

Subject:
Rebecca Carroll and Dan Jamison/Woodward-Granger Community School District - Consolidation and 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 Order to Consolidate both complaints and Dismiss.

Rebecca Carroll filed formal complaint 19FC:0029 on March 20, 2019, alleging that the Woodward-Granger Community School District School Board (Board) violated Iowa Code chapter 21 of the Iowa Code (open meetings).  She alleged that on March 11, 2019, the Board president sent an email to the Board members regarding actions that were on the agenda for the Board meeting later that day.

Dan Jamison filed formal complaint 19FC:0041 on April 18, 2019.  He alleged a violation of Iowa Code chapter 21, citing the same facts.  He alleged that the Board president cannot send an email to Board members without posting a meeting notice.

Counsel for the Board responded to both complaints.  She stated that the email communication was sent by the Board president to the other Board members to notify each of them about the resignation of the school superintendent and to provide additional information about an agenda item for the Board meeting later that day.  Both matters were included on the properly posted meeting agenda. A copy of the email was provided to the IPIB.

The Board members did not respond to this email, therefore there was no need to determine whether deliberation or action occurred prior to the meeting through electronic communication.  No meeting occurred as defined by Iowa Code section 21.2(2), and Chapter 21 does not prohibit email communication.

Because both complaints allege the same factual situation, it is appropriate to consolidate the complaints.

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 those requirements.

IT IS SO ORDERED:  Formal complaints 19FC:0029 and 19FC:0041 are consolidated and 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 May 16, 2019. 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 May, 2019, to:

Rebecca Carroll

Dan Jamison

Katherine Beenken, attorney for the Woodward-Granger Community School District