Date:
09/15/2022
Subject:
Analicia Gomes/Bettendorf Community School District - Acceptance Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Analicia Gomes, Complainant And Concerning: Bettendorf Community School Board, Respondent |
Case Number: 22FC:0058
Acceptance Order (Amended)
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.
Analicia Gomes filed formal complaint 22FC:0058 on June 2, 2022, alleging that the Bettendorf Community School Board (Board) violated Iowa Code chapter 21 on May 25, 2022.
Ms. Gomes alleged that the Board held a meeting described as a “parents working group to discuss the problems at Bettendorf Middle School.” She alleged that the Board would not allow the public to record the meeting or allow the press to attend. She also alleged that the Board did not videotape the meeting.
Legal counsel for the Board responded to the complaint on June 10, 2022. Counsel stated that the gathering on May 25, 2022, was not a meeting of the Board. She explained that the Board superintendent arranged for two community workshops to be held on May 25, 2022.
The first meeting was for Bettendorf Middle School (BMS) staff and the superintendent to discuss concerns about BMS. About 110 people attended the meeting. No Board members were present.
The second meeting occurred later that same day and allowed BMS parents and staff to discuss their concerns about BMS. There were about 300 people in attendance at this gathering. Those attending were divided into about 40 small groups of around six to eight people to brainstorm and report back to the entire group.
After the small groups created their information, comments, concerns, and proposals, they combined into larger groups. Ultimately, the remarks were shared with the entire group and the participants, including Board members, were able to circulate throughout the room and review the results which were preserved on large sheets of papers.
Counsel added that this was not a meeting of the Board and that no deliberation or action was taken by the Board at either event. Counsel added that although there were six of the seven Board members present, they participated only as individual members of the small groups.1
Reports from the meeting were collected by the superintendent and presented to the Board at its meeting on May 26, 2022. The superintendent created a powerpoint presentation she used at both meetings which has been available to the public.
On June 30, 2022, Ms. Gomes replied to the legal counsel’s comments. She stated that there were six of the seven Board members present at the gathering on May 25, 2022. She also alleged that the Board is a governmental body. There is no dispute that the Board is a governmental body as defined by Iowa Code chapter 21.
On August 19, 2022, legal counsel added that three of the six members present have children enrolled either at the middle school or at the elementary school. Ms. Gomes replied on August 26, 2022, that all six Board members present walked around the room and engaged with other participants.
Iowa Code section 21.2(2) defines a meeting:
2. “Meeting” means a gathering in person or by electronic means, formal or informal, of a majority of the members of a governmental body where there is deliberation or action upon any matter within the scope of the governmental body’s policy-making duties. Meetings shall not include a gathering of members of a governmental body for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of this chapter.
The Iowa Attorney General provided an analysis of this code section (previously codified as section 28A.2(2)) in the Stork to O’Kane opinion, 1981 WL 178383 (July 6, 1981). One section of this opinion involves whether a school board gathering meets the definition of a meeting when a majority of the members attended a presentation concerning the evaluation of school operations and later joined with an evaluator to engage in a general discussion on the topic.
The Attorney General opinion stated that for a meeting to occur, four elements must be found:
- A gathering of members of the governmental body, formal or informal, occurs;
- A majority of the members of the governmental body are present;
- Deliberation or action occurs; and
- And such deliberation or action is within the scope of governmental body’s “policy-making duties.”
The Opinion provides additional guidance to define deliberation or action, stating that deliberation is intended “to have broad application and to include general discussion and/or consideration of matters preliminary to final decision making.” “Ministerial” gatherings only include those gatherings when the purpose of the gathering is “without regard to or the exercise of … judgment.”
Another Attorney General opinion, Stork to Reis, 1981 WL 671610 (February 16, 1981), addressed a gathering of the Iowa Civil Rights Commission with inmates to hear the inmates’ concerns about their civil rights. In analyzing whether “deliberation or action” occurs, the opinion stated:
These definitions indicate that the terms “deliberation” and “action” are intended both to have broad application and to include general discussion and/or consideration of matters preliminary to final decision-making.
Even though the governmental body does not take action during the gathering, deliberation occurs when there is general discussion or consideration of matters within the governmental body’s policy-making duties preliminary to the final decision making action.
At the gathering of Board members on May 25, 2022, elements one, two, and four are met. The parties disagree as to whether “deliberation” occurred. Based upon the analysis of the Iowa Attorney General, it appears that the actions of the six Board members present was not ministerial in nature, but was a discussion or consideration of “matters preliminary to final decision making.”
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 meets the necessary requirements for acceptance.
IT IS SO ORDERED: Formal complaint 22FC:0058 is accepted pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). Parties are directed to cooperate 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
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Margaret E. Johnson, J.D.
1. Ms. Gomes, who was present at this gathering, alleged that Board members were participating as Board members and not just as parents or concerned citizens.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of September, 2022, to:
Analicia Gomes
Wendy Meyer, legal counsel for the Bettendorf Community School Board