Date:
06/20/2019
Subject:
Joel Foster/North Butler Community School District - Acceptance Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Joel Foster, Complainant And Concerning: North Butler Community School District, Respondent |
Case Number: 19FC:0058 Acceptance Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.
Joel Foster filed formal complaint 19FC:0058 on May 30, 2019. He alleged that the North Butler Community School District (District) violated Iowa Code chapter 21 on May 30, 2019.
Mr. Foster alleged that the District amended its agenda during its meeting on May 30, 2019, without providing any reason for the amendment at the meeting or in the minutes.
Legal counsel for the District responded to the complaint, including copies of the agenda, amended agenda, and the minutes for the May 30, 2019, meeting. There is nothing in the minutes explaining the reason for the changes to the agenda. Counsel also stated that any discussion on matters at that meeting not on the agenda was procedural and not substantive.
Iowa Code section 21.4(2)(b) provides the requirement that the “nature of the good cause justifying that departure from the normal requirements” must be included in the minutes when it is necessary to hold a meeting on less than 24-hour notice. There is no exception for a procedural matter.
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:0058 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:
Joel Foster
North Butler Community School District