Date:
07/18/2019
Subject:
Catarina Bolton/Davenport Community School District - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Catarina Bolton, Complainant And Concerning: Davenport Community School District, Respondent |
Case Number: 19FC:0059 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Catarina Bolton filed formal complaint 19FC:0059 on May 31, 2019. She alleged that the Davenport Community School District School Board (Board) violated Iowa Code chapter 21 on April 3, 2019.
Ms. Bolton alleged that on April 3, 2019, a majority of the seven Board members met at a policy committee meeting without following Iowa Code chapter 21. She stated that at the beginning of the meeting she was given a packet by a Board member. Another Board member “refused to discussed (sic) board policy 305.22, he stated that he did not feel comfortable speaking about this policy because I was present person.”
Discussion was not held on the topic, and the return of the packet was requested. Ms. Bolton did not return the packet and left the meeting. She alleged violations of Iowa Code sections 21.4, 21.8, and 21.2 and asked the IPIB to investigate all meetings of the Board and all committees to determine if Chapter 21 is properly followed.
Additional information was requested from Ms. Bolton. In a telephone conversation on June 4, 2019, she added that there was no notice or agenda posted for the April 3, 2019, gathering, and no minutes were kept.
Counsel for the Board responded on June 6, 2019, by telephone and in writing on June 11, 2019. Counsel stated that the policy review committee met on April 3, 2019, to review various school policies. Normally, only three Board members participate in these discussions. On the date in question, a fourth Board member wanted to participate on the dress code policy, so another member left for that discussion.
The Board does not consider this group to be a governmental body pursuant to Iowa Code section 21.2(1). No evidence was submitted to contest this determination.
The preliminary materials concerning policy 305.22 provided to Ms. Bolton and then requested to be returned concerned school security. It was not planned for this draft to be distributed to the public at this time.
Iowa Code section 21.2(2) defines a meeting to include a “majority of the members of a governmental body….” A majority of the Board did not gather on April 3, 2019, to take action or deliberate on any of the Board’s policy-making duties. If a meeting does not occur, then the notice, agenda, and minutes are not required (Iowa Code section 21.4).
Iowa Code section 21.8, regarding an electronic meeting, does not apply to this factual situation. Although one Board member appeared telephonically, that does not mean this was an electronic meeting.
On June 12, 2019, and on two later dates, Ms. Bolton was asked to provide additional information to substantiate her complaint. She provided no additional information.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint does not fulfill those requirements.
IT IS SO ORDERED: Formal complaint 19FC:0059 is dismissed as legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
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 July 18, 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 July, 2019, to:
Catarina Bolton
Wendy Meyer, legal counsel