19FC:0119 Stephanie Van Housen/Iowa City Community School District - Dismissal Order

Date:
11/21/2019

Subject:
Stephanie Van Housen/Iowa City Community School District - Dismissal Order

Opinion:

The Iowa Public Information Board

COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.

On October 9, 2019, Stephanie Van Housen filed formal complaint 19FC:0118, alleging that the Iowa City Community School District (District) violated Iowa Code chapter 21.  She alleged that the District held a public meeting on October 8, 2019, with an insufficient agenda.  

The executive assistant to the Superintendent posted the meeting agenda on October 3, 2019.  In addition to the agenda, he also posted board materials for the agenda on the District website.  As other materials for the meeting became available, these were also posted on the website. The board materials for agenda items I1 and I2 were posted to the website on October 8, 2019, at around 10:54 a.m.  Ms. Van Housen was notified by email that these items were available for review.

The agenda posted five days prior to the meeting listed items I1 and I2 as follows:

1.  Discussion Items

1.  Threat Assessment Team 1) Internal Crisis Response Team Proposal

2.  Elementary School Boundary Change Update 1) mandatory/ Pay to Ride Busing 2) Attendance Support/ Pay To Ride Busing 3) After School Program Access

During the meeting, information on these agenda items was presented, but no action was taken.  The meeting was videotaped and is available on the District website.

Legal counsel for the District responded to the complaint and included a document labeled “F” that outlined the times and dates that the agenda, as well as agenda enclosures, were posted.  Document “F” is attached as Exhibit A.

Iowa Code section 21.4(1)(a) states that a governmental body is required to post an agenda at least 24 hours prior to a meeting to “give notice of the time, date, and place of each meeting including a reconvened meeting of the governmental body, and the tentative agenda of the meeting, in a manner reasonably calculated to apprise the public of that information.”

Such notice must be posted on “a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting, or if no such office exists, at the building in which the meeting is to be held.”

The agenda posted five days prior to the meeting met the statutory requirements.  There is no requirement in Iowa Code chapter 21 that the governmental body post all board materials on a website or a bulletin board prior to a meeting.  

Ms. Van Housen noted that in her opinion, in an effort to increase government transparency, the board packet should have also been posted because these agenda items were on the agenda for the first time.   The agenda description appropriately describes the two matters.

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 does not meet those requirements.

IT IS SO ORDERED:  Formal complaint 19FC:0118 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 November 21, 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 November, 2019, to:

Stephanie Van Housen

C. Joseph Holland, legal counsel for the Iowa City Community School District