19FC:0058 Joel Foster/North Butler Community School District - Report

Date:
08/15/2019

Subject:
Joel Foster/North Butler Community School District - Report

Opinion:

Before the Iowa Public Information Board

COMES NOW Amanda T. Adams, Legal Counsel for the Iowa Public Information Board (IPIB), and submits this Report recommending acceptance of the proposed informal resolution.

On or about May 30, 2019, Joel Foster, (Mr. Foster) filed a formal complaint against the North Butler Community School District (District) alleging a violation of Iowa Code Chapter 21.  Mr. Foster alleged on May 30, 2019, that the District violated Iowa Code Chapter 21. 

Mr. Foster alleged that the District amended its agenda during its meeting without providing any reason for the amendment at the May 30, 2019, meeting or in the minutes.  Legal counsel for the District responded and included copies of the agenda, amended agenda, and minutes for the May 30, 2019, meeting.  There is nothing in the minutes explaining the reasons for the changes to the agenda.

Iowa Code section 21.4(2)(b) provides the requirement that the ‘nature of the good cause justifying the 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.

The IPIB accepted the complaint on June 20, 2019.  Pursuant to Iowa Code section 23.9, the parties negotiated and reached an Informal Resolution.  The terms of the resolution include:

1.  The 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, which is required by Iowa Code § 21.4(2)(b).
2. The District will approve this informal resolution at an open meeting and include the resolution in its text in the minutes for that meeting.
3. The 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 District may utilize the PowerPoint training available on the IPIB website or schedule training through the Iowa Association of School Boards.  This can be found at http://www.ipib.iowa.gov/training.

The terms of the informal resolution will be completed within sixty (60) days that the resolution is accepted by all parties.  Upon showing of proof of compliance, the IPIB shall dismiss the complaint as successfully resolved.

I recommend that the IPIB approve the informal resolution.

                                                                                                            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 August, 2019, to:

Joel Foster (email)

North Butler School District (email)