Date:
06/18/2020
Subject:
Eric Henely/Gilbert Community School District - 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 Respondent |
Case Number: 20FC:0054
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 May 28, 2020, Eric Henely filed formal complaint 20FC:0054, alleging that the Gilbert Community School District (District) violated Iowa Code chapter 21.
Mr. Henely alleged that the District violated Iowa Code chapter 21 by improperly posting notice for school board meetings on April 13, 2020, and April 23, 2020. He noted that he raised this matter during the review of his previous complaint, 20FC:0039, which was filed on April 7, 2020, and dismissed by the IPIB on May 21, 2020.
He stated that he sent an email to the IPIB on April 10, 2020, reporting that the “logical solution to this situation is to post the agendas on the entrance doors to the district office rather than on the bulletin board so people can see them without having to email or call the district.”
As noted in the dismissal order to 20FC:0039:
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.
Concerns about the posting of the notices for the April 13, 2020, and April 23, 2020, meeting were raised and reviewed during the pendency of 20FC:0039 and properly resolved.
Iowa Code section 23.8(2) includes this rationale for dismissal of a complaint: “the complaint... relates to a specific incident that has previously been finally disposed of on its merits by the board or a court.”
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. The factual situation raised in this complaint has been previously disposed of on its merits.
IT IS SO ORDERED: Formal complaint 20FC:054 is dismissed 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 June 18, 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.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of June, 2020, to:
Eric Henely
Gilbert Community School District