Date:
05/18/2023
Subject:
Janet King/Gilmore City-Bradgate Community School District - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Janet King, Complainant
Gilmore City-Bradgate Community School District, Respondent |
Case Number: 23FC:0046 Dismissal Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On April 10, 2023, Janet King filed formal complaint 23FC:0046, alleging that Gilmore City-Bradgate Community School District (District) violated Iowa Code chapters 21 and 22.
Ms. King alleged that the District held a meeting on February 8, 2023, which set the date for a public hearing on the budget. Ms. King stated that the District did not post a notice of the public hearing on the door of the school office or online. She also alleged there was a delay in publicly posting the minutes of a meeting. She also alleged a public records violation, but provided no additional information regarding this allegation.
In response, the District stated that a public hearing for the budget was set at the February 8, 2023, District meeting for March 15, 2023. Minutes from that meeting were sent to the weekly newspaper on February 22, 2023, and were published on March 2, 2023.
The March 15 public hearing had to be rescheduled because property tax assessments had not yet been completed for the budget. The regular District board meeting was rescheduled from March 22, 2023, to March 29, 2023, and a new date for the public hearing on the budget was set for April 19, 2023, at 5:30 p.m. The FY2024 budget was published in the local newspaper on April 6, 2023. All agendas and minutes were sent to the newspaper within the required timelines, and agendas were posted at the school and on the District website within the legal timelines.
Iowa Code § 21.4 requires that the District “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.”
Iowa Code § 21.2 requires that the District “keep minutes of all its meetings showing the date, time and place, the members present, and the action taken at each meeting.”
The District provided documentation that it met its legal requirements under Chapter 21. It is likely that the need to reschedule meetings due to delayed property tax assessments caused some confusion resulting in this Complaint. Nothing in Chapter 21, however, prohibits the District from rescheduling meetings when necessary. In this case, the District provided proper notice of their meetings and provided minutes as required.
Iowa Code § 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. Following a review of the allegations on their face, it is found that this complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 23FC:0046 is dismissed as it is legally insufficient pursuant to Iowa Code § 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b) because the District provided appropriate notice of their meetings and prepared appropriate minutes of the meeting.
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 May 18, 2023. 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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Erika Eckley, J.D.