Date:
05/16/2024
Subject:
Amy Hagan/Oskaloosa Community School District- Dismissal Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Amy Hagan, Complainant
Oskaloosa Community School District, Respondent | Case Numbers: 24FC:0033 Dismissal Order
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Facts
Amy Hagen filed formal complaint 24FC:0033 on April 9, 2024, alleging that the Oskaloosa Community School District (“District”) violated Iowa Code chapter 21 on April 9, 2024.
Ms. Hagen states that the school district did not include a public record in the packet of materials for the meeting. The following is her complaint to the IPIB: “They did not include Kathy Breen's resignation letter in the consent agenda when all other resignation letters were attached. They refused to release the resignation letter through public records request.”
Dustin Zeschke, attorney for the District, provided the response to this complaint. Mr. Zeschke first stated that the school district is unaware of any records request being made for the letter.
Regarding the issue of the resignation letter not being part of the meeting packet, Mr. Zeschke explained that an agenda was published and proper notice was provided to the public in compliance with Chapter 21. Ms. Breen's resignation included allegations she felt she was being bullied and harassed, her disagreements about assigning bus routes, and that she felt she was not being appropriately accommodated. In stating her accommodations issue in her resignation letter, Ms. Breen included her medical conditions she felt were not being appropriately accommodated.
Pursuant to Iowa Code § 22.7(11), personnel records are confidential except as provided in the exceptions. The District did not want to release an email that contained Ms. Breen's medical information. Accordingly, to make sure the Board had all of the information regarding her resignation, her resignation was emailed to the Board separately. They were advised if they wanted to discuss the contents of the email to let the Superintendent know and so arrangements could be made, including potentially holding a closed session.
Analysis
Staff reviewed this complaint and the response from the District. There is no requirement under Iowa Code chapter 21 to provide the actual contents of a resignation letter in a public packet. Rather, Iowa Code only requires an agenda that is “reasonably calculated to apprise the public” of what was being discussed. In this matter, the District was considering her resignation and not necessarily what was contained in the resignation letter. If they had wanted to discuss the letter, the District could have provided notice of the issue and looked at how to discuss the confidential information.
A public records request was not identified by the school district. In the event that a request would have been made for this record, the District would have withheld it as confidential pursuant to Iowa Code § 22.7(11), confidential personnel records.
There does not appear to be a violation by the District regarding the notice and agenda of the meeting or release of the resignation letter indicated as a public record.
Conclusion
Iowa Code § 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint does not meet those requirements.
IT IS SO ORDERED: Formal complaint 24FC:0033 is dismissed as legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). The Oskaloosa Community School District did not violate any part of the open meeting code section.
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 May 16, 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.