23FC:0081 & 23FC:0085: Elijah Matthern/ Jackie Stonewall/Green Mountain-Garwin Community School Board - Consolidation and Dismissal Order

COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:

Background

On August 21 and 22, 2023, Elijah Matthern and Jackie Stonewall (“Complainants”) filed formal complaints 23FC:0081 and 23FC:0085, respectively. The complaints allege that the Green Mountain-Garwin Community School Board (“Board”) violated Iowa Code chapter 21. Because the complaints consist of substantially similar allegations relating to the same set of events, they should be consolidated.

The GMG School Board consists of seven members. Three of the seven board members gathered at Garwin Church on August 10, 2023. At this August 10 gathering, the three board members in attendance reviewed comments that the other four members submitted individually. The comments dealt with suggested goals and evaluation criteria for the district’s part-time superintendent. Upon reviewing the comments received from the other board members, the three members compiled the information into a list of goals and criteria to be discussed at the next Board meeting on August 14, 2023.

At the August 14 meeting of the school board, the three-person committee presented the list of goals and evaluative processes to the entire Board and superintendent for discussion and action.

The Complainants allege that the August 10 meeting of the three-person committee violated Iowa Code chapter 21, as the meeting was neither noticed nor held in open session.

Analysis

Iowa Code chapter 21 governs meetings of governmental bodies. A “meeting” of a governmental body occurs when a majority of the members of the body gather to deliberate or act upon any matter within the scope of the governmental body's policy-making duties. Iowa Code § 21.2(2). Thus, a meeting subject to chapter 21 consists of the following elements:

1. A gathering of members of a governmental body;
2. In such a number so as to constitute a majority;
3. During which deliberation or action occurs; and
4. Such deliberation or action is within the scope of the governmental body’s “policy-making duties.”

See 1981 Iowa Op. Att'y Gen. 162 (1981). Such meetings must comply with the public notice, open session, and minute keeping requirements of chapter 21. The occurrence of a meeting satisfying these criteria is a necessary prerequisite to an ultimate finding that a violation of chapter 21 occurred.

Was the August 10 gathering of board members a meeting subject to chapter 21?

To be subject to chapter 21, a meeting must consist of a majority of the members of the governmental body. Here, the Board is a seven-member body, and the August 10 gathering consisted of three of the seven members, which is less than a majority.

Although less than a majority of the Board gathered on August 10, the three members in attendance reviewed the other four board members’ individually submitted comments. This fact presumably serves as the basis for the alleged violation. Thus, the determinative issue is whether the sub-majority’s review of the comments provided by the other board members constituted a chapter 21 meeting.

“Activities of a governmental body's individual members to secure information to be reported and acted upon at an open meeting ordinarily do not violate sunshine statutes. Any other rule would hamstring the progress of governmental bodies, and impose intolerable time burdens on unpaid officeholders.” Telegraph Herald v. City of Dubuque, 297 N.W.2d 529, 534 (Iowa 1980). Here, the sub-majority committee compiled the comments individually submitted by the other board members into a list of goals and criteria. The committee then presented this list at the Board meeting on August 14, at which point the Board deliberated and took action on the topic.

Conclusion

The August 10 gathering consisted of less than a majority of the Board. Further, the sub-majority in attendance merely compiled the individual comments of the other Board members into a list of goals and criteria to be deliberated and acted upon at the August 14 meeting of the Board. At no point on August 10 did a majority of the Board gather to deliberate or act upon matters within their policy-making duties. The mere receipt and compilation of the other board members’ prewritten comments did not constitute deliberation or action by a majority of the Board.

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 these complaints do not meet those requirements.

IT IS SO ORDERED:  Formal complaints 23FC:0081 and 23FC:0085 are consolidated and dismissed for lack of merit 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), IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.”  IPIB will review this Order on November 16, 2023.  Pursuant to rule 497-2.1(4), the parties will be notified in writing of its decision.

By the IPIB Executive Director

_________________________

Erika Eckley, J.D.