Date:
07/21/2022
Subject:
William Gomes/Bettendorf Comm. School Board - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: William Gomes, Complainant And Concerning: Bettendorf Community School Board, Respondent |
Case Number: 22FC:0038
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.
William Gomes filed formal complaint 22FC:0038 on May 9, 2022, alleging that the Bettendorf Community School Board (Board) violated Iowa Code chapter 21 on May 9, 2022.
Mr. Gomes alleged that the Board held a meeting without posting a proper agenda and that the Board had not posted “meeting minutes of meeting to be held.”
On May 23, 2022, legal counsel for the Board responded to the complaint and included a copy of the meeting agenda (Exhibit A). Counsel stated that the agenda was posted on May 6, 2022 on the Board’s website, on the bulletin board at the school district’s administrative center, and on the door of the board room.
In addition, legal counsel provided a copy of a May 6, 2022, email addressed to ten media outlets with the meeting agenda. The agenda is still available on the Board’s website.
Iowa Code section 21.4 requires that a governmental body post notice 24 hours prior to a meeting. Notice is only required to be posted “on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting, or if no such office exists, at the building in which the meeting is to be held.”
Advising the media is also required by Iowa Code section 21.4(1)(a). Iowa Code does not require that meeting minutes be posted. 1
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 the necessary requirements for acceptance.
IT IS SO ORDERED: Formal complaint 22FC:0038 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 July 21, 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. On June 2, 2022, Mr. Gomes alleged that the BCSB also violated Iowa Code chapter 21 at a subsequent meeting on May 25, 2022. This meeting is the subject of a complaint filed by Analicia Gomes on June 2, 2022 (22FC:0058).
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of July, 2022, to:
William Gomes
Wendy Meyer, legal counsel for the Bettendorf Community School Board