Date:
09/21/2023
Subject:
Eric Henely/Gilbert Community District School Board - Dismissal Order
Opinion:
The Iowa Public Information Board
Eric Henely, Complainant And Concerning: Gilbert Community District School Board, Respondent |
Case Number: 23FC:0070 Dismissal Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Facts
Eric Henely filed formal complaint 23FC:0070 on July 10, 2023, alleging that the Gilbert Community School Board (“Board”) violated Iowa Code chapter 22 on June 12, 2023, June 21, 2023, and July 1, 2023.
Mr. Henely made a records request on June 20, 2023, for a copy of all documents reviewed, considered, discussed, and/or approved by the school board at the June 12, 2023, board meeting. He received a response from the school district on the next day that included a copy of policy 804.6. On July 1, 2023, he downloaded policy 804.6 from the school districts website. The two versions differ. One version uses the term “building administration” while the other uses the term “staff member.”
Mr. Henely alleges the school district violated Iowa Code chapter 22 by providing an inaccurate or false record in response to his request. He also alleges the board held an illegal meeting to change the policy to resolve the discrepancy between June 21, 2023, and July 1, 2023.
Carrie Weber, attorney for the Board, provided a response to this complaint. The revised policy 804.6 received by Mr. Henely was placed on the agenda for second reading on June 12, 2023, and included in the Board Packet. The Board adopted the policy on June 12, 2023. Mr. Henely received these records on June 21, 2023, in response to his request. The copy of policy 804.6 in the Board Packet for June 12, 2023, contains language requiring individuals to get permission from a “staff member” to record. This is the same language that appears on the District’s Board Policy website.
Analysis
IPIB staff reviewed the document in question that was provided to Mr. Henely on June 21, 2023, and compared that document to a copy of the policy downloaded from the district’s website on July 1, 2023, and provided as part of this complaint. Upon review, staff determined these two documents were the same. There is no violation of Iowa Code chapter 22.
Conclusion
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 those requirements.
IT IS SO ORDERED: Formal complaint 23FC:0070 is dismissed as legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
Upon review the document provided to Mr. Henely following his public records request is the same document that is available on the website. Both documents contain the term “staff member.”
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 21, 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.