Date:
10/19/2023
Subject:
Less Grossman/Eastern Iowa Community College - Dismissal Order
Opinion:
The Iowa Public Information Board
Less Grossman, Complainant And Concerning: Eastern Iowa Community College, Respondent |
Case Number: 23FC:0075 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 July 3, 2023, Less Grossman filed formal complaint 23FC:0075, alleging that Eastern Iowa Community College (“EICC”) violated Iowa Code chapter 21.
Facts
Mr. Grossman alleges that on July 3, 2023, EICC violated Chapter 21 when two employees removed executive closed session records from the Board of Directors meeting from a locked drawer and took the minutes into the chancellor's office to review what was discussed in the closed session.
In response, EICC agrees that the minutes from the closed session were removed briefly from their location, but were quickly returned and no public disclosure of the closed session minutes were made. Specifically, EICC stated that in June 2023, the Board of Directors held a meeting that included a closed session. This session included an evaluation of Chancellor Sonya Williams. That meeting was properly held pursuant to Iowa Code Chapter 21, with minutes prepared after the meeting by the Board Secretary, Honey Bedell. Ms. Bedell retired on June 30, 2023.
Prior to her last day, Ms. Bedell provided the minutes and recordings of the closed session to the next Board Secretary, Valerie Morrow, to obtain the Board President's signature on the minutes when he returned from being out of town.
On July 3, 2023, Board President, Robert H. Gallagher, learned of a possible disclosure of the Board minutes. He conducted a prompt investigation by interviewing the administrative staff, Suteesh Tandon, and Dr. Williams. He learned the minutes were requested only for a few minutes and then returned to their locked location with no further disclosure.
Dr. Williams resigned effective July 31, 2023.
Applicable Law
Iowa Code 21.5(5)(a)(1) requires “The detailed minutes and audio recording of a closed session shall be sealed and shall not be public records open to public inspection.” Iowa Code § 21.5(6) allows the government body to determine whether to hold a closed session. “Nothing in this section requires a governmental body to hold a closed session to discuss or act upon any matter.” Id.
Sealing the record of a closed session serves only “to deny access to inspection by members of the general public.” Tausz v. Clarion-Goldfield Cmty. Sch. Dist., 569 N.W.2d 125, 127 (Iowa 1997). “Had the General Assembly intended a prohibition of disclosure applicable to all persons, including board members, it could have simply provided that the detailed minutes and tape recording of a closed session shall be sealed ‘and shall not be open to inspection’ absent a court order.” No. 01-11-1(L), 2001 WL 1651411, at *4 (Iowa A.G. Nov. 19, 2001).
Analysis
In this situation, there appeared to be a potential disclosure of closed session minutes to an internal executive employee or employees. There was no public disclosure of the minutes of the closed session contrary to Iowa Code § 21.5. While it was inappropriate for the employee to review the minutes even for a short period of time, an internal investigation occurred promptly addressing the issue and the minutes were promptly sealed and secured. No improper public disclosure was made of the information, so any harm was de minimis and has been addressed.
Conclusion
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.
Any disclosure of the closed session minutes was internal and extremely limited. The minutes were not disclosed to the public.
IT IS SO ORDERED: Formal complaint 23FC:0075 is dismissed as it involves harmless error pursuant to Iowa Code § 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 October 19, 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.