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 Final Report
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Final Report:
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.
The Iowa Public Information Board (IPIB) accepted the complaint on November 16, 2023. Pursuant to Iowa Code section 23.9, the parties have agreed upon the following terms for an informal resolution of this matter:
- The Board acknowledges that there was sufficient evidence of a violation of Iowa Code chapter 21 when the Board voted to revise the Board’s agenda at the time of the Board meeting when no emergency existed. This addition to the agenda failed to provide the required 24-hour notice to the public regarding the topics of deliberation and action to be taken by the Board. The Board will include this acknowledgement in the minutes of an open meeting.
- The Board will conduct Open Meetings and Public Records training at an open meeting with notice to the public. This training will be conducted by the Iowa Association of School Boards or the Iowa Public Information Board. This will be scheduled by the Board.
- The Board will review its policies and procedures for setting agendas and conducting open meetings and make any necessary changes to ensure the Board has steps in place to address what constitutes an emergency for revising an agenda without notice and puts procedures in place to address any issues that do not meet that standard but that need to be addressed at a meeting, such as safety protocols, planning, etc.
- Amendment of Action of vetting coach will not occur until the 2024-2025 archery season, if amendment fails at the January 15, 2024 board meeting, the previous action item from the October 16th board meeting is nullified.
- The Board will approve this agreement at an open meeting and provide a copy of this Informal Resolution with its meeting minutes.
The District signed the Agreement on January 15, 2024, and Mr. Johnson signed on January 18, 2024. All parties had 60 days to meet the terms of this resolution. The Iowa Public Information Board approved this resolution on February 15, 2024.
The District acknowledged violations of Iowa Code chapter 21 and voted to nullify the actions regarding the archery coach taken at the October 16 Board meeting. It approved the informal resolution at its January 15, 2024, Board meeting and included the full text in its minutes. A copy of the minutes has been provided to the IPIB.
On March 25, 2024, staff from the Iowa Public Information Board provided training for the District.
Proof of compliance has been provided. Therefore, the IPIB should dismiss this complaint as successfully resolved.
By the IPIB Executive Director
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Erika Eckley, J.D.