Date:
11/17/2022
Subject:
Tom Taylor/Sibley-Ocheyedan Comm. School Dist. - Acceptance Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Tom Taylor, Complainant And Concerning: Sibley-Ocheyedan Community School Board, Respondent |
Case Number: 22FC:0114
Acceptance Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.
Tom Taylor filed formal complaint 22FC:0114 on October 18, 2022, alleging that the Sibley-Ocheyedan Community School Board (Board) violated Iowa Code chapters 21 and 22 on October 18, 2022 (referencing an October 17, 2022, Board meeting).
Mr. Taylor alleged that the Board held a meeting without sufficient notice of an agenda item -- the review of the superintendent’s contract. He alleged that during the meeting, some Board members stated that more time was needed before voting on this issue. He added that when no motion was immediately made on the issue, the Board president stated that he would step down as president so that he could make a motion.
The Board was notified of the complaint on October 20, 2022. On October 25, 2022, the Board president replied to the complaint. He stated that the Board packet was sent to the Board members on October 14, 2022.1 He noted that no motion to table the matter was made at the meeting. The agenda item was approved by the Board, 4 in favor/1 opposed.
Another Board member emailed the IPIB, stating that she received the Board packet on October 14, 2022, but did not have time to review the packet until Sunday, October 16, 2022. She alleged that the public would not have known about the content of this agenda item because the agenda was vague.
Legal counsel for the Board provided a copy of the agenda and the meeting minutes for the Monday, October 17, 2022, Board meeting. Counsel stated that the two page agenda “ was posted on line at 3:16 pm and then immediately printed and taped to the window in the hallway outside the superintendent's office. It was posted in the time to go from copier to the window, so 3:17 - 3:18 pm on the window.” (October 14, 2022, was the Friday prior to the Monday Board meeting.)
The agenda included this item: “F. Consider Contract Extension”. There was no indication whose contract was under consideration for an extension.
The school district has a website. Agendas and minutes are posted on the website. The website has additional information about this agenda item: “Quick Summary/Abstract. The Board of Directors and Superintendent Craig have requested extension of the Superintendent’s contract through June 30, 2024.” This is more descriptive.
Iowa Code section 21.4 provides the minimum requirements for proper posting of a notice and agenda for an open meeting:
21.4 Public notice.
1. a. Except as provided in subsection 3, a governmental body shall give notice of the time, date, and place of each meeting including a reconvened meeting of the governmental body, and the tentative agenda of the meeting, in a manner reasonably calculated to apprise the public of that information. Reasonable notice shall include advising the news media who have filed a request for notice with the governmental body and posting the notice 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.
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.
2. a. Except as otherwise provided in paragraph “c”, notice conforming with all of the requirements of subsection 1 shall be given at least twenty-four hours prior to the commencement of any meeting of a governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given.
(Subsections 1(b) through 4 excluded.)
While the use of a website to provide information about Board meetings is laudable, it is required that adequate notice be posted at least 24 hours in advance of a meeting, at a location “easily accessible to the public.” The agenda items must be described in such a way as to “apprise the public of that information.”
If a Board member questioned what the agenda item was, even after reviewing the meeting materials, it is likely that the public was even less informed.
No allegations were made concerning any violation of Iowa Code chapter 22, public records laws.
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. On its face, this complaint meets the requirements for acceptance as to Iowa Code chapter 21 only.
IT IS SO ORDERED: Formal complaint 22FC:0114 is accepted by the IPIB pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). Parties are directed to work 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 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. The Board president included comments about the purpose of the agenda item and his reasons for including the issue on the meeting agenda. He stated that it was within his authority to step down as president and make a motion. All of these issues are not within the scope of Iowa Code chapters 21 and 22 and are not within the authority of the IPIB to resolve.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of November, 2022, to:
Tom Taylor
Steve Avery, legal counsel for the Sibley-Ocheyedan Community School Board