Date:
08/15/2019
Subject:
Charles Vandenberg/West Burlington Independant School District - Acceptance Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Charles Vandenberg, Complainant And Concerning: West Burlington Independent School District, Respondent |
Case Number: 19FC:0075 Acceptance Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.
On June 24, 2019, Charles Vandenberg filed this formal complaint against the West Burlington Independent School District (District) alleging a violation of Iowa Code chapter 22. He alleged that the District refused to provide a record he requested.
In an email sent June 22, 2019 (dated June 24, 2019), Mr. Vandenberg requested copies of “any documents pertaining to, and used for the evaluation, determination and approval of, the open enrollment request/examination/approval of a student identified on your June 16, 2019 board meeting agenda as Max Slater from Fort Madison School District.” He noted on the request that the 2017-18 Iowa Open Enrollment Handbook lists these records as public records, but allows for redaction of personal information as outlined in Iowa Code section 22.7(1).
Two days later, his request was denied and this complaint was filed.
In response to the formal complaint, the District’s legal counsel filed a response on July 3, 2019. The response stated that the “narratives” have been withheld because it contains threats against “the Defendant” and other “safety concerns.” It continued: “Given the types of threats and student involvement, to disclose this information could exacerbate the threatening environment. The interest in protecting those involved outweighs the public’s right to know.”
The response concluded that the IPIB lacks jurisdiction over “this matter” and the “case should be dismissed.”
Efforts since July 9, 2019, by email and telephone contact from the IPIB to the District to determine what is meant by the statements in the response have been unsuccessful.
An email sent by the Iowa Department of Education to Mr. Vandenberg on July 9, 2019, advised that open enrollment forms are public records and supported his complaint to the IPIB.
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:0075 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). Parties are directed to work with IPIB staff to reach an informal resolution as required by 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 August 15, 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 August, 2018, to:
Charles Vandenberg
Brian Gruhn, legal counsel for West Burlington Independent Community School District