Date:
05/21/2020
Subject:
Eric Henley/Gilbert Comm. School Dist. - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Eric Henely, Complainant And Concerning: Gilbert Community School District School Board, Respondent |
Case Number: 20FC:0039
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 April 7, 2020, Eric Henely filed formal complaint 20FC:0039, alleging that the Gilbert Community School Board (Board) violated Iowa Code section 21.4.
Mr. Henely alleged that the Board held a meeting on April 6, 2020, without providing proper notice on its website. Meetings are normally held on the second Monday of each month; April 6, 2020, was the first Monday of the month.
The Board responded to the complaint on April 7, 2020. In the response, the Board stated that proper notice had been provided as required by Iowa Code section 21.4. The Board normally posts notice at the main office of the school district. Even though school was not in session, there was a notice on the front door of the school that provided contact information to access school personnel.
The Board also provided a copy of the notice of the date and time and the agenda that was posted on the school district website and emailed to the media. This was done on April 3, 2020. There was also a link provided to access the live feed of the meeting on You Tube, as well as a screen shot of the website notice.
In reply, Mr. Henely stated that the website does not provide this information on its home page. Instead, access requires clicking on additional links. He stated this does not meet the definition of “easily accessible” as required by Iowa Code section 21.4(1)(a). He added that requiring a citizen to arrange access to the school bulletin board when the building is closed also does not comply with the statutory requirements.
Subsequent to the filing of this complaint, the school superintendent worked with IPIB staff to change how the agenda and notice are posted. Meeting notices are now taped on the inside of the door windows of the school to provide official notice. Website notice has continued, although that is not required by chapter 21.
Due to safety and health concerns with the COVID-19 virus pandemic, the Governor of Iowa issued a proclamation on March 20, 2020, to temporarily suspend certain statutory requirements for conducting open meetings. Section Nine of this proclamation states:
ELECTRONIC MEETINGS AND HEARINGS
SECTION NINE. Pursuant to Iowa Code § 29C.6(6), and at the request of the Iowa League of Cities on behalf of numerous local governmental bodies, I temporarily suspend the regulatory provisions of Iowa Code §§ 21.8, 26.12, and 414.12, or any other statute imposing a requirement to hold a public meeting or hearing, to the extent that the statutes could be interpreted to prevent a governmental body from holding the meeting by electronic means, provided that the governmental body properly notices the meeting or hearing and includes a telephone conference number or website address that permits the public to participate in the meeting or hearing. I also temporarily suspend those statutes to the extent they could be interpreted to prevent a governmental body from limiting the number of people present at an in-person location of the meeting, provided that the governmental body provides a means for the public to participate by telephone or electronically as provided in this section.
Many governmental bodies in Iowa struggled to properly follow all chapter 21 requirements during the initial meetings scheduled after the enactment of this proclamation. It appears that the Board tried to comply with the meeting changes as it worked to also comply with the changes to the educational system that were included in the proclamations. Even if there may be evidence of inadequate notice, the Board has taken appropriate steps to ensure future compliance.
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. Section 23.8(2) allows the IPIB to dismiss a complaint if it considers the complaint involves harmless error.
IT IS SO ORDERED: Formal complaint 20FC:0040 is dismissed as involving harmless error 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 May 21, 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, J.D.
1. The April 6, 2020, meeting was a special meeting. The regular meeting was held the next week.
2. Mr. Henely is a systems analyst at Iowa State University. He shared his research and analysis of this information to show that the agenda and notice was not posted on the Board website on April 3, 2020.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of May, 2020, to:
Eric Henely
Lindsey Beecher, superintendent, Gilbert Community School District