Date:
11/17/2022
Subject:
Boardwatchericcsd/Iowa City Community School Board - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Boardwatchericcsd, Complainant And Concerning: Iowa City Community School Board, Respondent |
Case Number: 22FC:0105
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.
“Boardwatchericcsd” filed formal complaint 22FC:0105 on September 27, 2022, alleging that the Iowa City Community School Board (Board) violated Iowa Code chapter 21 on September 9, 2022.
The complainant alleged that on the date in question, “board members stood outside for another 12-15 minutes talking together.” He asked that the Board “Apologize.”1
The Board was notified of this complaint on October 4, 2022. On that same date, legal counsel for the Board indicated that a response would be filed.
Legal counsel for the Board filed a response on October 14, 2022, stating that the filed complaint is not a valid complaint because it did not follow the administrative rules outlined by Iowa Administrative Code rule 497-2.1(1) and Iowa Code section 23.2 (see Exhibit 1).
On October 26, 2022, the complainant replied to the comments made by legal counsel for the Board, noting that the IPIB has allowed similar filings in other five other complaints (17FC:0051, 20FC:0009, 21FC:0019, 21FC:0030, and 21FC:0085).
On October 31, 2022, legal counsel for the Board submitted an additional response stating that four board members did talk briefly together after the meeting, but the gathering did not meet the definition of a meeting pursuant to Iowa Code section 21.2(2) (see Exhibit 2).2
The complainant had no additional comment or information concerning this response.
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.
No verifiable information is available to substantiate that the four members engaged in “deliberation or action within the scope of the governmental body’s policy-making duties.”
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:0105 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 November 17, 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. In a later email, the complainant alleged that they were sitting in a vehicle nearby and overheard the conversation. They allege that the Board members were discussing an agenda item. They request that the Board be ordered to “take back their answer….”
2. These complaints were all filed by unknown parties and referred to as “Anonymous”. Other IPIB formal complaints have been filed using names of groups (such as Iowalive or Citizens). Online filings do not have an actual signature attached.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of November, 2022, to:
Crystal Raiber, legal counsel for the Iowa City Community School Board