24FC:0004- Janelle Lund/Cedar Rapids 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: 

On January 5, 2024, Janelle Lund filed formal complaint 24FC:0004, alleging that Cedar Rapids Community School District (“District”) violated Iowa Code chapter 21.

Facts

Ms. Lund alleges that she pulled the District’s agenda for the October 23, 2023, District board meeting scheduled for 5:30 p.m. The version she pulled did not include information regarding hiring the Director of Operations within the Personnel Report of the consent agenda. She also alleges that the minutes she downloaded from the meeting did not include the Director of Operations listed in the Personnel Report either.

In response, the District explained that the tentative agenda and board packet for the October 23, 2023, meeting were physically posted, sent to the media, and posted on the District’s website on October 20, 2023. After this notice was posted, the Board Secretary was notified that a recommendation to hire the Director of Operations needed to be added to the Personnel Report in the Board packet. The revised packet was physically posted, sent to the media and posted on the District website on October 22, 2023.

Analysis

Iowa Code requires that a tentative agenda be physically posted and shared with the media at least 24 hours in advance of an open meeting. In this case, the District originally posted the required notice on Friday, October 20, 2023 and then updated the document to add an additional item within the Personnel Report on October 22, 2023, for the meeting at 5:30 p.m. October 23, 2023. Whether the District made this update within the full 24 hours is beyond the jurisdiction of IPIB to determine. The meeting occurred on October 23, 2023, and this matter was brought to IPIB’s attention on January 5, 2024, more than 60 days after the meeting. Under Iowa Code 23.7(1), a “complaint must be filed within sixty days from the time the alleged violation occurred or the complainant could have become aware of the violation with reasonable diligence.”

Further, the minutes downloaded by IPIB from the website include the Director of Operations position listed within the Personnel Report. “Each governmental body shall keep minutes of all its meetings showing the date, time and place, the members present and the action taken at each meeting. The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session. The minutes shall be public records open to public inspection.” Iowa Code § 21.3. The minutes available have been corrected and include the Director of Operations role within the Personnel Report. Any previous error in the minutes has been corrected, and appears to have been merely harmless error.

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.

Whether a corrected agenda was reposted for a full twenty-four hours prior to the meeting is beyond the sixty-day limitation of IPIB’s jurisdiction. A previous version of the minutes have been corrected and any error was harmless error.

IT IS SO ORDERED:  Formal complaint 24FC:0004 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 March 21, 2024.  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.