Date:
06/20/2019
Subject:
Stephanie Christensen/Bettendorf Community School District - Acceptance Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Stephanie Christensen, Complainant And Concerning: Bettendorf Community School District, Respondent |
Case Number: 19FC:0052 Acceptance Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.
Stephanie Christensen filed formal complaint 19FC:0052 on May 17, 2019. She alleged that the Bettendorf Community School District (District) violated Iowa Code chapter 21 on May 14, 2019.
The District properly posted a notice and agenda for a special meeting to address a personnel issue set for May 14, 2019, at 6 p.m. At around 4 p.m. on May 14, 2019, District staff determined that a closed session was being requested by the District employee included on the agenda at 6 p.m. Rather than amend the agenda to indicate a possible closed session, the District instead decided to schedule another meeting at 5:30 p.m. to go into closed session.
The notice and agenda was sent to the media as 4:08 p.m. and posted online and on the bulletin board at 4:25 p.m.
In response to the complaint, legal counsel for the District replied that the school board needed to hold a closed session prior to making the decisions listed on the agenda for the 6 p.m. meeting. The minutes for the 5:30 p.m. meeting stated the “nature of the good cause justifying that departure from the normal requirements,” as required by Iowa Code section 21.4(2)(b), as follows:
“The meeting was called to discuss items that are going to be pertinent to any decisions that may be rendered in the open session directly following the closed session.”
Counsel added that Iowa Code requires a school district to provide a termination decision to a school superintendent on or before May 15th of the calendar year (the day after the scheduled meeting.)
The District apparently did not consider amending the 6 p.m. meeting agenda to include a possible closed session as the first agenda item or rescheduling the meeting to sometime after 4:30 p.m. on the next day, May 15, 2019. A delay of 24 hours to provide proper notice would have still been within the statutory requirement for the termination notice to a superintendent.
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 meets those requirements.
IT IS SO ORDERED: Formal complaint 19FC:0052 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). Parties are directed to engage in reaching an informal resolution, with the assistance of IPIB staff, pursuant to Iowa Code section 23.9.
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 June 20, 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 June 2019, to:
Stephanie Christensen
Wendy Meyer, legal counsel for Bettendorf Community School District