25FC:0007 Kelly Smith/Bettendorf Community School District - Probable Cause Report and Order

Date:
04/17/2025

Subject: 
Kelly Smith/Bettendorf Community School District  - Probable Cause Report and Order

Opinion:

The Iowa Public Information Board

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

On January 22, 2025, IPIB received formal complaint 25FC:0007 from Kelly Smith, alleging the Bettendorf Community School District (District) violated Iowa Code Chapter 22. The complaint was accepted by IPIB on February 20, 2025.

Facts

Smith submitted a public records request to the District on December 19, 2024 seeking financial information related to the District’s cheerleading program, including budget, source of funds, monies paid into the program by various contributors, and monies received from fundraising. In addition, Smith requested a complete list of all items paid, including payments via cash, checks, Venmo, and other applications.

The District responded on January 10, 2025. The District provided 75 pages of financial documents. The same date, Smith responded and indicated transactions were missing from the information provided by the District. Specifically, Smith identified multiple transactions unaccounted for within the applications of Venmo, Cash App, and PayPal. Smith pointed to specific examples of transactions missing from the public records provided by the District.

On January 17, 2025, the District provided additional financial documentation to Smith. On January 22, 2025, the District affirmatively stated it had provided all documents responsive to the request for records.

Smith maintained the accountings were incomplete and subsequently filed this complaint.

The District responded to the complaint on February 12, 2025, indicating it had no additional records. The District further asserted it was not aware of payments made by Smith to the program.

On February 13, 2025, Smith responded and provided specific examples of payments still unaccounted for. Smith stated,

“Every payment into the Venmo/Cash app account should have been shown if it related to money paid by parents, athletes, sponsors or money received from fundraising.  There is a lot of information that was not provided.  If the district does not have or does not want to provide me with its COMPLETE records I ask that IPIB step in and initiate an investigation including subpoenas of the Venmo and cash app accounts that cheerleading parents and several members of our community were told to send money to.”

On March 7, 2025, the District provided a supplemental response that included recently obtained payment information. The payment information included a ledger of expenses that appears to be strips of paper stuck together and photocopied. The account is not specifically labeled. The supplemental response also included expenses paid to Etsy for cheer bows and an Infinite Campus payment.

On March 13, 2025, the District provided an affidavit from the Communications Director for the District. The affidavit includes information indicating the District attempted to obtain additional records from the cheerleading coach and the cheerleading coach is no longer employed by the District. The affidavit further states:

• The District has requested records from the former cheerleading coach and the District has provided Ms. Smith with the records it has received that are responsive to her request.
• The District does not possess the specific Venmo/PayPal/cash app documents Smith has requested.

Smith responded to the supplemental response and affidavit. She indicated the supplemental information further demonstrates the fees paid by parents are questionable and that parents paid above and beyond the costs for certain items. Smith continues to express concerns regarding transparency related to the cheerleading program.

Applicable Law

A public record is defined as “all records, documents, tape, or other information stored or preserved in any medium, of or belonging to this state…”

“Every person shall have the right to examine and copy a public record and to publish or otherwise disseminate a public record or the information contained in a public record. Unless otherwise provided for by law, the right to examine a public record shall include the right to examine a public record without charge while the public record is in the physical possession of the custodian of the public record.” Iowa Code § 22.2(1).

Analysis

IPIB has consistently taken the position that a public record must exist – must be stored or preserved in a medium in the possession of the government body – to hold a government body responsible for production of the public record. In this complaint, the District maintains there is no public record stored or preserved in any medium responsive to Smith’s request.

Without question, payments made by parents into the cheerleading program are public record. Unfortunately, the public record was not maintained. And the employee who has the records is no longer employed by the District. 

This is an unfortunate case. There are no record retention requirements within Iowa Code Chapter 22 and the District cannot be compelled to create a public record that does not exist. 

IPIB encourages Smith to seek relief through the Iowa State Auditor’s Office to address the concerns with fees paid by the parents. IPIB has been told the Auditor’s Office cannot proceed until this complaint has been addressed. IPIB also strongly encourages the District to develop policies and procedures to govern financial public records related to its programs.

IPIB Action

The Board may take the following actions upon receipt of a probable cause report: 

a. Redirect the matter for further investigation;

b. Dismiss the matter for lack of probable cause to believe a violation has occurred;

c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or

d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.

Iowa Admin. Code r. 497-2.2(4).

Recommendation

It is recommended the Board dismiss the matter for lack of probable cause to believe a violation has occurred. The District has stated, under oath, that it does not have additional records responsive to the request.

By the IPIB Executive Director

_________________________

Erika Eckley, J.D.

Under Iowa Admin. Code r. 497-2.2(4) the Board takes the following action: 

• a. Redirect the matter for further investigation;
• b. Dismiss the matter for lack of probable cause to believe a violation has occurred;
• c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or
• d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding.

By the Board Chair

___________________________________

Monica McHugh