Date:
02/20/2020
Subject:
Stephanie Christensen/Bettendorf Community School District - Informal Resolution Final Report & 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 Informal Resolution Final Order |
THIS MATTER comes before the Iowa Public Information Board (IPIB) for review of compliance with the terms of the Informal Resolution.
The IPIB finds that the terms of the Informal Resolution have been successfully completed.
IT IS THEREFORE ORDERED that pursuant to the terms of the Informal Resolution this complaint is dismissed as successfully completed.
So ordered this 20th day of February, 2020.
__________________________________________
IPIB Chair
CERTIFICATE OF MAILING
This document was sent by electronic and/or regular mail on the ___ day of February, 2020, to:
Stephanie Christensen
Wendy Meyer, legal counsel for Bettendorf Community School District
Before The Iowa Public Information Board
|
In re the Matter of: Stephanie Christensen, Complainant And Concerning: Bettendorf Community School District, Respondent |
Case Number: 19FC:0052 Informal Resolution Final Report |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits the Informal Resolution Final Report from the IPIB Administrator, Brett Toresdahl (Exhibit A).
All parties agreed to the terms of the Informal Resolution. The terms of the Informal Resolution have been completed and proof of compliance provided.
Pursuant to the terms of the Informal Resolution, this complaint should be dismissed as successfully resolved.
Respectfully submitted this 20th day of February, 2020, by
_________________________________
Margaret E. Johnson, J.D.
Executive Director
CERTIFICATE OF MAILING
This document was sent by electronic and/or regular mail on the ___ day of February, 2020, to:
Stephanie Christensen
Wendy Meyer, legal counsel for Bettendorf Community School District
Stephanie Christensen, Complaintant
And
Bettendorf Community School District, Respondent
Informal Resolution Final Report
19FC:0052
On May 17, 2019, Stephanie Christensen filed formal complaint 19FC:0052. 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 received notice that a closed session was being requested by the District employee included on the agenda at 6 p.m. To ensure the 6 p.m. meeting could occur, the District scheduled a meeting at 5:30 p.m. to go into closed session based on the request of the District employee. The purpose of the closed session was allowed by Iowa law.
Because notice now could not be posted 24 hours prior to such closed session, the District consulted with counsel, who advised “good cause” existed for holding the closed session with less than 24 hours’ notice. The District understands the Iowa Public Information Board does not agree there was “good cause.”
The notice and agenda was sent to the media at 4:08 p.m. and posted online and on the bulletin board at 4:25 p.m.
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."
The Iowa Public Information Board (IPIB) accepted the formal complaint on June 20, 2019, as to the violation of Iowa Code section 21.4(1)(a) with the less than 24 hour notification for the meeting held at 5:30 p.m. on May 14, 2019.
Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution. The parties agreed to the following terms:
- The District will acknowledge that the described actions occurred.
- The District will acknowledge that the proper notice for the May 14, 2019, meeting held at 5:30 p.m. was not provided in accordance with Iowa Code chapter 21.4(1)(a); such notice was not provided 24 hours prior to the meeting.
- The District shall conduct training for all Board members on Iowa Code chapters 21 and 22 (Sunshine Laws). The District may utilize the PowerPoint training available on the IPIB website. The District's Attorney or designee may conduct the training.
- The District shall approve this resolution during an open meeting and include the full text in the minutes of said meeting. Said minutes shall be provided to the IPIB.
Ms. Christensen approved the informal resolution on December 8, 2019.
The Bettendorf Community School District approved the informal resolution at a meeting on December 16, 2019.
The Iowa Public Information Board approved the informal resolution on December 19, 2019.
The terms of this informal resolution have been completed within 60 days of acceptance by all parties. The Bettendorf Community School District acknowledged it held a meeting without providing 24 hours’ notice. It approved the informal resolution at its December 16, 2019, board meeting and included the full text in its minutes. On January 9, 2020, the District conducted training for all Board members.
The proof of compliance has been provided. Therefore the IPIB should dismiss this complaint as successfully resolved.
By the IPIB Administrator
_________________________________
Brett J. Toresdahl