Date:
09/15/2022
Subject:
Paul Castro/Bettendorf Community School Board - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Paul Castro, Complainant And Concerning: Bettendorf Community School Board, Respondent |
Case Number: 22FC:0073
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.
Paul Castro filed formal complaint 22FC:0073 on August 2, 2022, alleging that the Bettendorf Community School Board (Board) violated Iowa Code chapter 21 at a meeting on June 23, 2022.
Mr. Castro alleged that the Board engaged in a deliberation or took action on a topic outside the stated purpose for a closed session at a Board meeting on that date. He alleged that the closed season was to evaluate the school superintendent, but instead “it turned into verbal attacks, harassment, and bullying directed toward me.”
On August 17, 2022, legal counsel for the Board filed a response to the complaint. The response included a narrative, along with copies of minutes and agendas for two meetings held by the Board in June of 2022. The first meeting was scheduled for June 16, 2022, and was rescheduled for June 23, 2022, as two Board members (Mr. Castro and another) were unavailable.
The June 23, 2022, meeting included an agenda item for a “Closed/Exempt Session for Superintendent Evaluation.” The six Board members present, including Mr. Castro, voted to enter into a closed session pursuant to Iowa Code section 21.5(1)(i) which states:
i. To 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.
Legal counsel also provided the audio recording of the session for IPIB review under the confidentiality protections of Iowa Code section 23.6(6). A confidential review of this recording was conducted, and no violations of Iowa Code chapter 21 were apparent.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:0073 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 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
1. The recording is one hour and 25 minutes in length. Comments made by members of the Board and the superintendent occurred during a discussion of the superintendent’s duties and performance. Iowa Code chapter 21 does not address allegations of ‘verbal harassment’ or ‘bullying’.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of September, 2022, to:
Paul Castro
Wendy Meyer, legal counsel for the Bettendorf Community School Board