24FC:0071 Kevin Wymore/Cedar Rapids Community School District - Dismissal Order

Date:
10/17/2024

Subject:
Kevin Wymore/Cedar Rapids 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 August 13, 2024, Kevin Wymore filed formal complaint 24FC:0071, alleging Cedar Rapids Community School District (District) violated Iowa Code chapter 21.

Facts

Wymore alleges he was denied the opportunity to provide comment when the agenda included “building 2 new elementary schools worth ~$50 million.” Wymore alleges an agenda was not provided until “just before the meeting's 5:30 p.m. start, despite the fact that I made a request for the agenda copy several hours before that time, at the school district's headquarters building, where school board meetings are held.”  Wymore also alleges “no notice was posted for the Open Meeting on August 12. This posted document, which I obtained from the district's main receptionist after the Aug. 12 meeting adjourned, never did divulge a tentative open meeting agenda in advance, as required by law.” He alleges the Open Meeting Notice for Aug. 12 Meeting was “faulty” because the Notice of Public Meeting did not include a tentative agenda in advance, as required by law.

Brett Nitzschke, attorney for the District, provided a response. Nitzschke stated, for the August 12, 2024, Special Meeting, a copy of the tentative agenda was uploaded to the District’s website and was available for public view and download on August 10, 2024. A copy of the confirmation the tentative agenda was uploaded to the District’s website was provided by Nitzschke. 

A copy of the Notice of Public Meeting was emailed to the Cedar Rapids Gazette on August 7, 2024. A copy of the email was provided. A copy of the Notice of Public Meeting was posted on a bulletin board outside the board meeting room at the District’s Educational Leadership Support Center (ELSC) on August 8, 2024. A copy of email communication confirming the posting of the Notice of Public Meeting was provided. The meeting was held on August 12, 2024 at 5:30 p.m. at the District’s ELSC.  The Notice of Public Meeting did not include the tentative agenda.

The District stated Wymore visited the ELSC at approximately 3:30 p.m. on August 12, 2024, and examined the bulletin board where the Notice of Public Meeting was posted. The Complainant alleges he asked the receptionist on duty for a copy of the special meeting tentative agenda. The receptionist on duty was a substitute employee filling in for the regular receptionist and did not have any experience in handling requests for tentative agendas.

Although the Wymore alleges he was not able to obtain a copy of the tentative agenda when he visited the ELSC prior to the special meeting, a copy of the tentative agenda was available on the District’s website and had been available since August 10. Furthermore, Wymore admits he requested and received a copy of the special meeting tentative agenda when he arrived at the ELSC prior to the beginning of the special meeting.

Applicable Law

“[A] governmental body shall give notice of the time, date, and place of each meeting including a reconvened meeting of the governmental body, and the tentative agenda of the meeting, in a manner reasonably calculated to apprise the public of that information. Reasonable notice shall include advising the news media who have filed a request for notice with the governmental body and posting the notice on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting, or if no such office exists, at the building in which the meeting is to be held….

notice conforming with all of the requirements of subsection 1 shall be given at least twenty-four hours prior to the commencement of any meeting of a governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given.” Iowa Code § 21.4(1)-(2)(a).

Analysis

Wymore’s complaint makes two allegations regarding the August 12 Meeting:

1. He was not provided an opportunity to make public comment;
2. The tentative agenda was not properly noticed as required by Iowa Code § 21.4.

He was not provided an opportunity to make public comment

Wymore alleges he was not provided an opportunity to make public comment regarding the District’s consideration of building two elementary school buildings. Nothing in Iowa Code chapter 21 requires the public be given an opportunity to speak by a government body. Iowa Code § 21.7 allows a government body the ability to make “reasonable rules for the conduct of its meetings.” The District has established a policy for public comment at its meetings.[1]

The recording of the District’s meeting shows the agenda was amended to allow public comment at the beginning of the meeting. Shortly thereafter, the District allowed up to five minutes for each individual to provide public comment. Four individuals provided their comments. Wymore has provided no facts showing the District failed to comply with its policy for public comment when it has allowed it. The District has established a policy for providing public comment as allowed under Iowa Code § 21.7. There is no violation of Iowa Code chapter 21.

The tentative agenda was not properly noticed as required by Iowa Code § 21.4

A Notice of Public Meeting stating the date, time, and place of the meeting was prepared on August 7. This Notice was published in the Cedar Rapids Times on August 10. The Notice stated a tentative agenda would be provided. An email confirmation was provided that the tentative agenda was posted to the District’s website page on August 10. 

Both parties agree Wymore visited the ELSC building and requested a copy of the tentative agenda a few hours before the meeting began, but the temporary staff on duty was not certain how to deal with the request and no agenda was provided. The bulletin board where the notices are posted was there as well. Wymore would not likely have needed to request a copy of the tentative agenda if it were posted on the bulletin board as required under Iowa Code § 21.4. 

Further, the copy of the tentative agenda provided to Wymore before the meeting started states it was “Printed 8/12/2024 at 4:41 PM CDT”.[2] The tentative agenda was posted on the District’s website, but there is nothing establishing the agenda was physically posted on the bulletin board as required under Iowa Code § 21.4. This is a violation of the required notice provisions. Iowa Code § 21.4(1)(a); see also 23FC:0105 Jeff Law and Kourtney Mammen/River Valley School Board (technical violation for failing to physically post the agenda)[3].

District Remedied notice deficiency

After Wymore’s complaint, the District placed consideration of the resolution for the two school buildings on its agenda for its October 14, 2024, meeting. This agenda also includes a provision for public comments. The District physically posted the tentative agenda on the ELSC bulletin board and on the District’s website on Friday, October 11, 2024.

The reconsideration of the resolution at a properly noticed meeting, has remedied the violation. Based on the reconsideration of the resolution after proper notice procedures, it is recommended IPIB find the technical violation remedied resulting in harmless error and dismiss the Complaint.

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.

A tentative agenda for the District’s meeting on August 12, 2024, was posted on the District’s website, but not physically posted as required under Iowa Code § 21.4. To remedy the error, the District reconsidered the resolution at a subsequent, properly-noticed meeting on October 14, 2024, and ensured a public comment period was provided. 

IT IS SO ORDERED: Formal complaint 24FC:0073 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 October 17, 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.

[1] “Persons who wish to be heard by the Board during either public hearings or public input times must complete a form “Request to Address the Board” which is available at the Board meeting.  The completed form will be submitted to the Board President/Board Secretary who will recognize the speaker.  Each participant is to limit his/her remarks to five (5) minutes.  A five (5) minute time limit has been established to allow participation by as many persons as possible, while at the same time permitting the Board time to thoroughly consider all agenda items.  Additional supporting material may be submitted in writing.” District Regulation 0202.11-R(1): Public Participation in Board Meetings and Public Hearings

[2] This time stamp appears when printing the agenda from the District’s website.

[3] https://ipib.iowa.gov/23fc0105-jeff-law-and-kourtney-mammenriver-valley-school-board-acceptance-order