23FC:0006 Anthony Wynkoop/Northeast Community School District - Dismissal Order

Date:
03/03/2023

Subject:
Anthony Wynkoop/Northeast Community School District - Dismissal Order

Opinion:

The Iowa Public Information Board

COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:

On January 20, 2023, Anthony Wynkoop filed formal complaint 23FC:0006, alleging that the Northeast Community School District (District) violated Iowa Code chapters 21 and 22 on December 14, 2022.

Mr. Wynkoop alleged that on December 14, 2022, the District held a public meeting, during which he addressed the school board.  He further alleged that the minutes did not include his comments about a policy violation.  Mr. Wynkoop is not a member of the District school board.

Iowa Code chapter 21 does not require that a governmental body allow members of the public to speak, although many governmental bodies have a public comment period during a meeting.

Iowa Code section 21.3 requires the taking of minutes and directs the content of those minutes:

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.

It is not required that the minutes contain a record of members of the public in attendance or comments made by speakers during a public meeting.  Therefore, the District did not violate Iowa Code chapter 21 by not including the comments made by Mr. Wynkoop in the minutes.1

Mr. Wynkoop also alleged a violation of Iowa Code chapter 22 (public records) but did not provide any information to support this allegation.

Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint does not meet those requirements.

IT IS SO ORDERED:  Formal complaint 23FC:0006 is dismissed as legally insufficient and without merit 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 March 3, 2023.  Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.

By the IPIB Executive Director

________________________________

Margaret E. Johnson, J.D.

1. It should be noted that during a review of the District agenda and minutes, the minutes did not clearly indicate the place where the meeting occurred.  It is recommended that future minutes specifically state the location of each meeting.  This was brought to the attention of the District superintendent.
 

CERTIFICATE OF MAILING

This document was sent on the ___ day of February, 2023, to:

Anthony Wynkoop

Neil Gray, superintendent, Northeast Community School District