Date:
02/20/2020
Subject:
Deb Vaughn/Lisbon School District - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Deb Vaughn, Complainant And Concerning: Lisbon School Board, Respondent |
Case Number: 20FC:0002
Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On January 10, 2020, Deb Vaughn filed formal complaint 20FC:0002, alleging that the Lisbon School Board (Board) violated Iowa Code chapter 21.
Ms. Vaughn alleged that the Board presented an agenda for its meeting on January 10, 2020, that used a consent agenda. One item on the consent agenda was titled “Contractual”. Prior to discussing or voting on the consent agenda, this agenda item was removed from the consent agenda. She provided a copy of the agenda for that meeting.
She alleged that the topic to be discussed in this agenda item was the superintendent’s contract renewal. She believes this should not have been placed on a consent agenda and should have been better described.
Since the agenda item was removed and no deliberation or action was taken, there was no violation of Chapter 21. Any potential violation was avoided when the Board removed the agenda item from discussion and action.
Iowa Code chapter 21 does not specifically address the use of a consent agenda.
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 20FC:0002 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 February 20, 2020. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of February, 2020, to:
Deb Vaughn
Andrew Bracken, legal counsel for the Lisbon School Board