Date:
02/17/2022
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 Board, Respondent |
Case Number: 21FC:0124
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 December 27, 2021, Eric Henely filed formal complaint 21FC:0124, alleging that the Gilbert Community School Board (Board) violated Iowa Code chapter 21 on November 15, 2021, and again on December 13, 2021.
Mr. Henely alleged that on November 15, 2021, the Board held an open meeting with an agenda item numbered 8.07 that concerned a “First Reading of Reviewed Board Policies with No Notable Differences, “ followed by a list of 35 numbered (but not described) policies.
He added that on December 13, 2021, the Board again held a meeting with an agenda item numbered 11.01 which read “Second Reading of the Reviewed Board Policies with No Notable Differences, with Possible Action to Waive the Third Reading and Approve,” again listing by number only the 35 policies.1
A review of the agendas provided by Mr. Henely, as well as an agenda from April 12, 2021, indicated that the Board listed some policies by both number and title. It appeared from the information provided, that the Board provided a more specific description of policies under review with potential modifications or changes.
Legal counsel for the Board responded to the complaint on January 7, 2022, stating:
The District agrees with Complainant that the Board’s agendas must reasonably apprise the public about the topics to be considered per Iowa Code 21.4(1). However, the Iowa Supreme Court has held that when considering the adequacy of agenda items “the issue to be resolved is not whether the notice given by the governmental body could have been improved, but whether the notice sufficiently apprised the public and gave full opportunity for public knowledge and participation.” Barrett v. Lode, 603 N.W.2d 766, 769 (Iowa 1999) (internal quotation and citation omitted).
The Board’s policies are all publicly available online, organized by numbers as reflected in the meeting agenda. See School Board Policy - Gilbert Community School District (gilbertcsd.org). Practically speaking, it is easier for members of the public locate the specific policies identified in the agenda via their numerical identifier rather than their title. All 35 of the policies at issue here were also available for public review upon request in the Board packet. In other words, the Board agendas gave “full opportunity for public knowledge and participation” into the Board’s actions.
In its opinion in KCOB/KLVN, Inc. v. Jasper County Bd. of Sup’rs, 473 N.W.2d 171 (Iowa 1991), the Iowa Supreme Court set forth guidelines for meeting notices and tentative agendas: “… The sufficiency of the detail on the tentative agenda must be viewed in the context of surrounding events.” (at 173). The Court said that the test for a tentative agenda was whether the information was reasonably sufficient to alert interested people as to the subject matter to be considered.
In addition, the Court said that the standard for compliance with the meeting and notice procedures should be “substantial” rather than “absolute.” (at 176) The Court will not find a governmental body to be in violation of Chapter 21 if the a governmental body, acting in good faith, substantially complied with the law.
As noted by legal counsel, all policies were available on the Board website or by contacting the school. Policies with possibly substantive changes were itemized by both policy number and title. Based upon a review of the Iowa Code and court opinions, it appears that appropriate notice was provided by the Board for its meetings on November 15 and December 13, 2021.
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 these requirements.
IT IS SO ORDERED: Formal complaint 21FC:0124 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 17, 2022. 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. Mr. Henely noted that legal counsel was present at the December meeting and that two members from the November Board meeting were replaced in December with two new, recently elected, members.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of February, 2022, to:
Eric Henely
Carrie Weber, legal counsel for the Gilbert Community School District