Date:
02/20/2020
Subject:
Anonymous/Humboldt Community School Board - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Anonymous, Complainant And Concerning: Humboldt Community School Board, Respondent |
Case Number: 20FC:0009
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 22, 2020, formal complaint 20FC:0009 was filed, alleging that the Humboldt Community School Board (Board) violated Iowa Code chapter 21. The complainant did not provide a name or any contact information.
The complaint alleged that the Board met on January 20, 2020, and acted on an agenda item entitled “Superintendent’s Assignment”. It was claimed that this agenda item was an addendum to the “originally published agenda.” The complaint alleged that the Board members did not discuss a motion to suspend the superintendent. The complainant assumed that this meant the Board must have met earlier, either as a quorum or in a series of sub-quorum meetings as a ‘walking quorum’.
The complaint requested that the Board admit to violating the law or, “alternatively, submit to surgical placement of a spine in each of the offending board members.”
No additional information or evidence of a violation was provided. Due to a lack of contact information, there was no means to request additional information from the complainant. The agenda confirmed this topic was included on the January 20, 2020, agenda.
Counsel for the Board responded to the complaint on January 23, 2020. Counsel noted that the agenda item was included on the agenda posted on January 17, 2020, more than 24 hours prior to the meeting. This meets the requirement for adequate notice pursuant to Iowa Code section 21.4(2)(a).
Board counsel also noted that there is no requirement that deliberation occur prior to voting on an agenda item. The Board president introduced the agenda topic by stating that he had reviewed and addressed his concerns with the Board’s legal counsel prior to the meeting and believed that further investigation was appropriate. The motion was made and unanimously approved by the three (out of five) board members present.
Iowa case law supports the Board counsel’s position that there must be evidence of a violation of open meetings law and not “mere speculation.” A lack of deliberation does not automatically result in an assumption that a secret meeting was held. (See KCOB/KLVN, Inc. v. Jasper County Board of Supervisors, 473 N.W.2d 171 (Iowa 1991).)
The IPIB has jurisdiction over complaints concerning Iowa Code chapters 21 and 22, pursuant to Iowa Code section 23.1.
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:0009 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:
Danielle Haindfield, legal counsel for the Humboldt Community School Board
The superintendent was not suspended. He was placed on administrative leave with pay pending further investigation.