Topics:

Formal Complaints

Date:
09/19/2019

Subject:
Joel Foster/North Butler Community School District - Informal Resolution Compliance Report and Final Order

Opinion:

Before the Iowa Public Information Board

In the Matter of:

Joel Foster,

Complainant.

and Concerning:

North Butler School District,  Respondent

 

          Case Number:

          19FC:0058

          Informal Resolution Compliance Report

                    

 

COMES NOW Amanda T. Adams, Legal Counsel for the Iowa Public Information Board (IPIB), and submits this Report recommending dismissal of the case due to completion of the Informal Resolution.

On May 30, 2019, Mr. Joel Foster filed a formal complaint against North Butler School District (“School District”), alleging a violation of Iowa Code Chapter 21.  The complaint alleged that the School District violated Chapter 21 of the Iowa Code because the School District amended its agenda on May 30, 2019, during the meeting itself without emergency circumstances present.  It also did not provide a reason in the minutes for doing so.

The IPIB accepted this complaint on June 20, 2019.  Pursuant to Iowa Code section 23.9, the parties negotiated and reached an informal resolution, which the board approved on August 15, 2019.

The terms of the resolution included:

  1. The School District will acknowledge that on May 30, 2019, the agenda was amended during the meeting without twenty four (24) hours’ notice, without providing a reason for the amendment.  The reason is required by Iowa Code section 21.4(2)(b).
  2. The School District will approve this informal resolution at an open meeting and include it in the minutes for that meeting.
  3. The School District will provide all elected officials and appropriate employees with copies of the IPIB Sunshine Laws Power Point slides in print form at http://www.ipib.iowa.gov/training.  The School District shall conduct training for all board members on Iowa Code Chapters 21 and 22.  The School District may utilize the Power Point training available on the IPIB website or schedule training through the Iowa Association of School Boards.  This can be found at http://www.ipibiowa.gov/training.

On September 12, 2019, all but one of the board members signed a form stating he/she had completed the training online.   The final board member signed the form on September 13, 2019. The board members viewed the slides from the Power Point on the IPIB website individually by reading.  The minutes reflect that the School District approved a resolution on July 16, 2019, acknowledging that it amended the agenda of May 30, 2019, without providing 24 hours’ notice and that Iowa Code section 21.4(2)(b) requires the School District to do so.

The terms of the parties’ agreement have been completed. I recommend that the IPIB dismiss this complaint as successfully resolved.

 

                                                                                                            Respectfully submitted,

 

                                                                                                            Amanda T. Adams,

                                                                                                            IPIB Legal Counsel

 

CERTIFICATE OF MAILING

 

This document was sent by electronic and/or regular mail on the ______day of September, 2019, to:

 

Gruhn Law Firm (email)

Joel Foster (email)

 

The Iowa Public Information Board

In the Matter of:

Joel Foster,

Complainant.

and Concerning:

North Butler School District,  Respondent

 

          Case Number:

          19FC:0058

          Informal Resolution Compliance Order

                    

This matter comes before the Iowa Public Information Board (IPIB) this 19th day of September, 2019, to consider an Informal Resolution Report.

The IPIB accepted the complaint against North Butler School District on the 20th day of June, 2019.  Pursuant to Iowa Code section 23.9, the parties negotiated and reached an Informal Resolution which the IPIB approved on August 15, 2019.  It provided that the complaint would be dismissed upon completion of terms. 

The IPIB finds that the parties have successfully completed the informal resolution.  The IPIB therefore dismisses the complaint as successfully resolved. 

 

____________________________

IPIB Chair

CERTIFICATE OF SERVICE

This document was sent by electronic mail on the ______ day of September, 2019, to:

Joel Foster, Complainant

Gruhn Law Firm, Counsel for Respondent