23FC:0116: Jacob Ballard/Perry Community School District - Dismissal Order

The Iowa Public Information Board

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

Background

On November 8, 2023, Jacob Ballard (“Complainant”) filed formal complaint 23FC:0116, alleging that the Perry Community School District (“District”) violated Iowa Code chapter 21. 

The District is governed by the Perry Community School Board, which consists of five members. The Complainant alleges that after the adjournment of the board meeting on October 9, 2023, he saw three of the five board members gather with the superintendent and overheard them discussing the District’s early retirement policy. 

The Complainant alleges that this discussion was a violation of chapter 21 as it consisted of a majority of the board members and dealt with matters within the scope of the government body’s policy making duties. 

The District’s attorney, Miriam Van Heukelem, submitted the District’s response to the complaint. Attached to the response, the District provided four affidavits: one from each of the three board members involved in the alleged violation (Eddie Diaz, Linda Andorf, and Travis Landgrebe) and one from the superintendent, Clark Wicks. 

In its response, the District states that board members Diaz and Landgrebe approached Superintendent Wicks after the regular board meeting to schedule a time to discuss forming a committee to explore early retirement policy options for the District. In their respective affidavits, Diaz, Landgrebe, and Wicks all stated that the scope of this conversation was limited to scheduling a time to meet and did not include discussion of substantive policy. 

The District states that board member Andorf was not involved in this discussion, but was seated nearby signing documents with the Board’s secretary. In her affidavit, Andorf stated the same, noting that she could hear the discussion and that its scope was limited to scheduling a meeting between Diaz, Landgrebe, and Superintendent Wicks to discuss potential early retirement options. 

The District states that when Andorf finished signing the documents, she walked over to Landgrebe, Diaz, and Wicks, at which point Landgrebe left the group and exited the room. All of the affidavits state the same. 

Thus, the District argues that the events referred to in the complaint do not amount to a violation of chapter 21 because the discussion never consisted of a majority of the Board and, even if it did, the discussion was ministerial in nature, as it related only to the scheduling of a meeting, not the discussion of policy.

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.”

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.

Here, the Board is five-member body. The discussion with Superintendent Wicks consisted of a gathering of two of the five members. When Andorf approached Diaz, Landgrebe, and Superintendent Wicks, Landgrebe removed himself from the conversation and exited the room. Thus, the gathering was not of a majority of the board members. 

Further, the scope of the discussion here was limited to the scheduling of a meeting to discuss the potential formation of a committee for exploring early retirement options for the District. “[A] gathering of members of a governmental body for purely ministerial or social purposes when there is no discussion of policy or no intent to avoid the purposes of this chapter” does not constitute a meeting under chapter 21. Iowa Code § 21.2(2). 

Discussion to schedule a meeting is ministerial in nature. Such discussion does not involve deliberation or action within the scope of the governmental body’s policy-making duties. Therefore, the discussion here was ministerial in nature and did not violate chapter 21.

Conclusion

The discussion at issue in this complaint consisted of less than a majority of the Board. Further, the discussion was ministerial in nature because it dealt merely with scheduling rather than matters within the scope of the Board’s policy making duties. For these reasons, the complaint lacks merit. 

Iowa Code § 23.8 requires that a complaint be within IPIB’s jurisdiction, appear legally sufficient, and have merit in order to be accepted. Following a review of the allegations on their face, it is found that this complaint does not meet those requirements.

IT IS SO ORDERED: Formal complaint 23FC:0116 is 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 December 21, 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.

CERTIFICATE OF MAILING

This document was sent on December 13, 2023, to:

Jacob Ballard

Miriam Van Heukelem, attorney for Perry Community School District