Date:
07/21/2022
Subject:
Richard Whitehear/Center Point-Urbana Community School District - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Richard Whitehead, Complainant And Concerning: Center Point-Urbana Community School District, Respondent |
Case Number: 22FC:0044
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.
Richard Whitehead filed formal complaint 22FC:0044 on May 24, 2022, alleging that the Center Point-Urbana Community School District (District) violated Iowa Code chapters 21 and 22 at a meeting on May 18, 2022.
Mr. Whitehead alleged that the District held a school board meeting on that date, during which a closed session was held pursuant to Iowa Code section 21.5(1)(i) to evaluate the superintendent’s performance. He alleged that the District allowed “subordinates” to attend the closed session. He also questioned the time of the meeting.
In addition, Mr. Whitehead alleged that the minutes did not include the name of a person who attended. He added that the meeting was held in a room with windows, so the public could see who was in attendance, although the public could not hear what was being said.
Legal counsel for the District responded to the complaint and requested that the complaint be dismissed for failure to allege a violation of Iowa Code chapters 21 and 22. Counsel noted that the meeting was held at 9 p.m., with the closed session starting at 9:07 p.m.1
Counsel added that Iowa Code chapter 21 does not restrict who can attend a closed session and that the superintendent requested the closed session as required by Iowa Code section 21.5(1)(i). Although not required by statute, legal counsel stated that the minutes could be amended to include the attendance of an assistant superintendent.
Iowa Code section 21.4(1)(b) states:
b. Each meeting shall be held at a place reasonably accessible to the public and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impracticable. Special access to the meeting may be granted to persons with disabilities.
Although the meeting was held at a later time, it appears that the location and the time was reasonably accessible in that at least 100 people were able to attend.
Iowa Code section 21.5(1)(i) allows for a closed session “[t]o evaluate the professional competency of an individual whose appointment, hiring, performance, or discharge is being considered when necessary to prevent needless and irreparable injury to that individual’s reputation and that individual requests a closed session.”
The IPIB provides the following guidance on a closed session under this subsection:
For a session to be closed, ALL of the following must occur:
1. The discussion must involve an evaluation of the professional competency of an individual.
2. The discussion must involve consideration of the appointment, hiring, performance, or discharge of the individual.
3. The discussion must be such that if conducted during an open meeting it would cause needless and irreparable injury to that person’s reputation AND
4. The individual must request the closed session.
There is no statutory requirement that the subject individual must be allowed into the closed session. There is also no statutory provision that would bar attendance at the invitation of the governmental body.2
Iowa Administrative Code 497-8.2 allows the governmental body to determine who can attend a closed session:
497—8.2(21,23) Closed session. 8.2(1) Who may attend. A governmental body has the discretion as to who it may invite to attend a closed session. However, if the governmental body holds a closed session under Iowa Code section 21.5(1)“c” to discuss strategy with counsel, the legal counsel for the governmental body shall be in attendance at the closed session either in person or by electronic means.
Minutes are required to be kept for all meetings of a governmental body, but it is not required to list the names of every non-voting person in attendance pursuant to Iowa Code section 21.3:
Each governmental body shall keep minutes of all its meetings showing the date, time and place, the members present, and the action taken at each meeting. The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session. The minutes shall be public records open to public inspection.
Based upon the information provided by the parties, there are no violations of open meetings laws in Iowa Code chapter 21 alleged. Mr. Whitehead also alleged a violation of Iowa Code chapter 22, the public records law, but did not provide a description of any record request, response, or violation.
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:0044 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. Legal counsel noted that over 100 members of the public attended; Mr. Whitehead stated that 149 people were present.
2. https://ipib.iowa.gov/faq/when-can-iowa-code-section-215-be-used-close-open-meeting-purpose-discussing-certain-personnel
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of July, 2022, to:
Richard Whitehead
Emily Ellingson, legal counsel for the Center Point-Urbana Community School District