The Iowa Public Information Board
In re the Matter of: Travis Johnson, Complainant And Concerning: Eddyville Blakesburg Fremont CSD Board of Education, Respondent | Case Number: 23FC:0100 Acceptance Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order:
On October 18, 2023, Travis Johnson filed formal complaint 23FC:0100, alleging that Eddyville Blakesburg Fremont CSD Board of Education (“Board”) violated Iowa Code chapter 21.
Facts
Mr. Johnson alleges that after the start of the Board’s meeting on October 16, 2023, the published agenda was amended to add an action item regarding the school hiring a volunteer archery coach. The item was discussed and board action was taken at the meeting. There was no advanced notice that this item was to be addressed at this meeting. There was an item on the agenda to approve a list of volunteer coaches for the archery program, but nothing on hiring a head coach. Parties involved such as the current head coach and other members of the archery program were not able to participate in any discussion or provide information to the voting board members. The motion to amend the agenda was by Vandello, and Van Mersbergen clarified that what she was wanting was to add an item to the agenda to address her issue on the head coach. This was not an emergent matter that had to be decided at that meeting. It could be postponed to the next meeting in which the public could be aware that the item would be discussed.
In response, the Board states that the Board felt it was necessary to add the agenda at the last minute to add the archery coach discussion and approval because if they waited until the next meeting the position would not have been posted until November and approved until December.
The minutes of the meeting reflect the change in the meeting agenda and the item added to consider a volunteer head archery coach was discussed and approved. There was no statement regarding why the issue was emergent and could not wait for the following Board meeting or a special meeting to provide the required notice to the community.
Applicable Law
Iowa Code § 21.4 requires “ a governmental body shall 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. …notice conforming with all of the requirements … shall be given at least twenty-four hours prior to the commencement of any meeting of a governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given. . . .When it is necessary to hold a meeting on less than twenty-four hours’ notice… the nature of the good cause justifying that departure from the normal requirements shall be stated in the minutes.”
Analysis
In this case, the Board chose to amend the agenda at the time of the Board meeting to add discussion and approval of a new head coach position for the archery team. The approval of the other archery volunteers was on the agenda, but there was no notice that a head coach position would be added prior to the meeting. There was no ability for the public to know the issue and discussion was even something that was to be contemplated prior to the beginning of the meeting.
Iowa Code § 21.4 requires that the public have notice of the agenda items to be considered twenty-four hours in advance of a meeting unless there is good cause that such notice is impossible or impractical. In this case, the Board added the agenda item at the beginning of the meeting and provided no notice to the public that the item would be deliberated and approved. The fact that the archery season would be starting that week and that delaying the discussion until the next month would mean that a head coach would not be identified and approved until the December meeting. The explanation for such amendment does not meet good cause showing giving notice would be impossible or impractical.
The Board fails to consider that adding a volunteer head coach for the archery program was something that could be discussed in previous meetings or in a special session meeting that gave the public notice that the discussion and action on the item would occur. Failing to provide notice in a situation that appears to be merely a lack of planning is not an emergency or good cause for failing to provide appropriate 24-hour notice of the agenda item. Instead, to the public, it appears that the item added at the last minute and acted upon by the Board was added to intentionally avoid public knowledge of the action prior to the meeting especially when individuals directly impacted by the decision were on the agenda for approval of their volunteer commitment.
In addition, Iowa Code § 21.4 requires that when proper notice of an agenda item is not able to be given, “the nature of the good cause justifying that departure from the normal requirements shall be stated in the minutes.” The minutes are silent as to any explanation for the failure to provide notice to the public.
It is clear a violation of Iowa Code § 21.4 occurred in the amendment of the agenda at the start of the meeting without a showing of good cause that delaying action until proper notice could be given was impossible or impractical. Further, the Board failed to document its justification for the need to untimely amend its agenda.
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. This complaint meets the necessary requirements for acceptance.
The Board amended its agenda at the time of its meeting to add a non-emergent issue without providing 24-hour notice to the community about the issue. The Board failed to explain why appropriate notice could not be given for this agenda item.
IT IS SO ORDERED: Formal complaint 23FC:0100 is accepted pursuant to Iowa Code § 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a).
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 November 16, 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.