Date:
04/18/2019
Subject:
Melissa Mahon/Van Buren Community School District - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Melissa Mahon, Complainant And Concerning: Van Buren Community School District, Respondent |
Case Number: 19FC:0035 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On April 4, 2019, Melissa Mahon filed this formal complaint against the Van Buren Community School District (District) alleging that the District had violated Iowa Code chapter 21 during a school board meeting on March 28, 2019.
Ms. Mahon alleged that the school board president of the District conducted a meeting that did not list public comment and that he commented that he did not read his email. She also alleged that the meeting notice was not listed on the school messenger system and that the meeting was scheduled on a date when the school superintendent was unavailable. She alleged that this conduct violates the school board’s policies.
At the meeting in question, Ms. Mahon alleged that the school board voted in favor of the only agenda item, an administrator early retirement plan, without a discussion. She alleged that this means the board must have met in a secret meeting prior to the March 28, 2019, meeting.
Counsel for the District responded to the complaint (Exhibit A). In the response counsel correctly noted that Iowa Code section 21.7 allows the District to set rules for the conduct of meetings, including whether to schedule public comment; that proper notice was provided as required by Iowa Code section 21.4(1); and that Iowa Code chapter 21 does not require the board president to read emails.
The IPIB is granted the authority to review and enforce the statutes in Iowa Code chapters 21 and 22, as stated in Iowa Code section 23.6(4). There is no authority granted to review board policies if chapters 21 and 22 are being properly implemented.
Ms. Mahon was unable to provide any evidence of a secret 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 those requirements.
IT IS SO ORDERED: Formal complaint 19FC:0035 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 April 18, 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 April, 2019, to:
Melissa Mahon
Van Buren Community School District, attn: Danielle Haindfield, legal counsel