22FC:0036 Tim Beck/Pleasant Valley School District - Acceptance Order

Date:
09/15/2022

Subject:
Tim Beck/Pleasant Valley School District - Acceptance Order

Opinion:

The Iowa Public Information Board

COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.

Tim Beck filed formal complaint 22FC:0036 on May 5, 2022, alleging that the Pleasant Valley School District (District) violated Iowa Code chapters 21 and 22 on April 30, 2022.

Mr. Beck stated that on April 30, 2022, a group known as the Pleasant Valley School District Reconsideration Committee (PVSDRC) went into closed session without stating a reason.  He added that while they were in closed session, the public was told there would be no formal vote when they returned.

In addition, Mr. Beck alleged that he had requested a copy of the minutes from the April 30, 2022, meeting, which he had not yet received.  He added that the PVSDRC policy required that all meetings observe open meetings laws.  

Legal counsel for the District responded to the complaint on May 23, 2022.  Counsel stated that the PVSDRC is a group formed by District policy to review instructional materials and is not a governmental/government body required to follow Iowa Code chapters 21 and 22. (See Attachment A.)  

Counsel added that the group is not formally and directly established by the District.  The group is chosen by the superintendent, meets at the direction of the superintendent, and recommends action only to the superintendent, who can choose whether to adopt the group’s recommendation.1  

The PVSDRC can appeal the superintendent’s decision to the school board.

In reply, Mr. Beck provided copies of District school board minutes from July and August of 2016 that show that the District did formally and directly approve the District policies, including Policy 603.8R2 establishing the PVSDRC and requiring that this committee follow the open meetings law.2

Iowa Code section 21.2(1) defines a governmental body for the purposes of open meetings laws.  Subsections 1(c) and 1(h) state that certain advisory groups can be considered a governmental body:

c. A multimembered body formally and directly created by one or more boards, councils, commissions, or other governing bodies subject to paragraphs “a'' and “b” of this subsection.

h. An advisory board, advisory commission, advisory committee, task force, or other body created by statute or executive order of this state or created by an executive order of a political subdivision of this state to develop and make recommendations on public policy issues.

Both subsections describe the PVSDRC.  The District formally and directly created the PVSDRC at the August 8, 2016, school board meeting.  The group does “develop and make recommendations on public policy issues'' to the District.  

The information provided by the parties indicates that Iowa Code chapters 21 and 22 were not properly followed by the PVSDRC.  

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 meet the necessary requirements for acceptance.

IT IS SO ORDERED:  Formal complaint 22FC:0036 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a).  Parties are directed to work with IPIB staff to reach an informal resolution pursuant to Iowa Code section 23.9.  

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 September 15, 2022.  Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
 

By the IPIB Executive Director

________________________________

Margaret E. Johnson, J.D.

1. Group membership includes a teacher, a teacher/librarian, a school board member, two community members, two high school students, and a district administrator.
2. Series 600:  “The meetings of the committee are subject to the open meetings law.”

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of September, 2022, to:

Tim Beck

Mikkie Schiltz, legal counsel for the Pleasant Valley School District