24FC:0046 Hannah Koppenhaver/Gilmore-City Bradgate Community School District - Dismissal Order

Date:
07/18/2024

Subject:
Hannah Koppenhaver/Gilmore-City Bradgate Community School District - Dismissal Order

Opinion:

The Iowa Public Information Board

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

On May 9, 2024, Hannah Koppenhaver filed formal complaint 24FC:0046, alleging the Gilmore-City Bradgate Community School District (“District”) violated Iowa Code Chapter 21.

Facts

Ms. Koppenhaver alleges the District violated Iowa Code Chapter 21 by holding a closed session that failed to comply with legal requirements. Ms. Koppenhaver states the District failed to announce the conclusions and votes of the closed session during public session, did not document actions in the minutes, and did not provide appropriate reference to Iowa Code justifying the closed session. 

The Superintendent for the District, Dr. Robert Olson, responded to the complaint. Dr. Olson indicated the District entered into closed session to discuss a letter the District received from Ms. Koppenhaver’s attorney. The attorney representing the District was present for the conversation. Dr. Olson further indicated the closed session was held for discussion only and no Board action was taken pursuant to the closed session.

The Ms. Koppenhaver responded to the District’s response by citing to Iowa Code §21.5(3), stating final action by any government body on any matter shall be taken in open session unless another Code section expressly permits such actions to be taken in closed session.

Applicable Law

Iowa Code § 21.5 provides the requirements that governmental bodies must meet to conduct a closed session. “A governmental body may hold a closed session only by affirmative public vote of either two-thirds of the members of the body or all of the members present at the meeting. A governmental body may hold a closed session only to the extent a closed session is necessary for any of the following reasons:”

Iowa Code § 21.5 (1)(c) states that a reason for closed session is as follows: “To discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation.” Iowa Code § 21.5(1)(c).

Iowa Code §§ 21.5(2) and (3) provide additional detail regarding requirements a governmental body must meet to hold a closed session:

(2) The vote of each member on the question of holding the closed session and the reason for holding the closed session by reference to a specific exemption under this section shall be announced publicly at the open session and entered into the minutes. A governmental body shall not discuss any business during a closed session which does not directly relate to the specific reason announced as justification for the closed session.

(3) Final action by any governmental body on any matter shall be taken in an open session unless some other provision of the Code expressly permits such action to be taken in closed session.

Analysis

The Ms. Koppenhaver alleges the District failed to comply with Chapter 21 requirements in the following particulars:

• Failed to announce the conclusions and votes of the closed session during public session;
• Failed to document actions in the minutes; and
• Failed to provide appropriate reference to Iowa Code to justify the closed session.

Each of these arguments is addressed below.

Failure to announce the conclusion of votes of the closed session during public session: Not all closed sessions produce votes. Dr. Olson indicated that the closed session was used only for discussion and no action was taken. Iowa Code does not require action be taken after a closed session. It only requires that if action is taken, it must be taken in an open session.

Failure to document actions in the minutes: As indicated above, closed sessions do not always produce action. In this case, the District discussed correspondence from the Ms. Koppenhaver’s attorney. No further action was taken; therefore, no action exists to document in the minutes.

Failure to provide appropriate reference to Iowa Code to justify the closed session. 

The agenda for the District’s Board meeting held on May 8, 2024, states as follows:

“7. Closed session per Iowa Code 21.5 (1) (c) – To discuss strategy with legal counsel in matters presently in litigation, or where litigation is imminent, if disclosure would be likely to prejudice or disadvantage the board.”

The minutes from the District’s Board meeting held on May 8, 2024, document a motion was made to enter closed session and includes citation to Iowa Code 21.5(1)(c). The motion, corresponding votes to enter into closed session, and time of closed session are all documented. The minutes further show a motion was made to exit closed session. The minutes include reference to the same citation to Iowa Code to justify the closed session, the corresponding vote to exit closed session, and time that closed session ended and open session reconvened.

The District’s agenda, minutes, and each vote for beginning and ending closed session include reference to Iowa Code § 21.5(1)(c) to justify the closed session:

“Closed session per Iowa Code 21.5 (1) (c) – To discuss strategy with legal counsel in matters presently in litigation, or where litigation is imminent, if disclosure would be likely to prejudice or disadvantage the board.”

The closed session was held to discuss a letter received by the District from Ms. Koppenhaver’s attorney. It is not unreasonable to find that there would be a need for the District to discuss this letter with their counsel regarding litigation or potential litigation from Ms. Koppenhaver. As such, and as required, the District’s attorney was present during the closed session.

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.

On the face of the information presented, the District appropriately documented the use of a closed session pursuant to Iowa Code § 21.5. The closed session was used for attorney-client communications and no action was taken that would require votes or documentation in the minutes. The District appropriately and consistently cited Iowa Code § 21.5(1)(c) in all materials, including agendas, minutes, and votes for closed session. This Complaint is not legally sufficient.

IT IS SO ORDERED:  Formal complaint 24FC:0046 is dismissed 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 July 18, 2024.  Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.

By the IPIB Executive Director

_________________________

Erika Eckley, J.D.