25FC:0042 Jeffrey Halter/Iowa Central Community College - Investigative Report and Probable Cause Order

Date:
06/19/2025

Subject: 
Jeffrey Halter/Iowa Central Community College  - Investigative Report and Probable Cause Order

Opinion:

The Iowa Public Information Board

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

On April 18, 2025, Jeffrey Halter filed formal complaint 25FC:0042, alleging Iowa Central Community College (ICCC) violated Iowa Code chapter 21.

The IPIB accepted this Complaint on May 15, 2025.

Facts

Halter alleges ICCC held a Special Meeting on March 18, 2025, and a meeting on April 8, 2025, but did not physically post agendas. The only notice and agenda posted for the meeting was on the ICCC website. Halter inquired regarding the physical posting of the agendas and was told the meeting material were on a specific page on the ICCC website. Halter also alleges for the March 18, 2025, meeting, the agenda did not include the name, position, and date of the employee’s resignation (which was Halter) to be approved by the Board. 

ICCC responded through legal counsel. ICCC acknowledged its Board agendas were posted online without a physical posting. ICC provided a copy of the agenda and minutes from the March 18, 2025, meeting. The agenda stated “Resignation Approval.” It was the only item on the special meeting agenda. The minutes state “The Board is asked to accept the resignation of Jeff Halter, program coordinator for Early Childhood Education. Motion moved by Andrea Oswald and motion seconded by Kati Lemberg. Motion Carried Unanimously.” After the action was taken, the meeting adjourned. ICCC states the agenda item was sufficient to inform the public of the action to be taken under KCOB/KLVN v. Jasper County Bd. Of Sup’rs, 473 N.W.2d 171, 173 (Iowa 1991) (“the issue…is not whether the notice given by the governmental body could have been improved, but whether the notice sufficiently apprised the public and gave full opportunity for public knowledge and participation.”)

ICCC acknowledged it now posts Board agendas online and in a physical location on the bulletin board at the Greehey Building, the College’s principle place of business, and the exterior window next to the Board room, which is located in the back of the Triton Café. ICCC took these measures immediately upon receipt of the complaint in an effort to clear up any concerns about its compliance with Chapter 21.

IPIB staff reached out to Halter regarding the measures taken by ICCC, but has received no further response from him.

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.” Iowa Code § 21.4.

Analysis

Halter would prefer the agenda item for his resignation included his name, position, etc., but the KCOB case does not require perfect notice, but only requires the public to be sufficiently apprised. The agenda indicated a resignation was to be considered by the Board. This meeting occurred slightly more than 24 hours after Halter submitted his resignation. The agenda item could have included more information, but the fact that it did not is not a violation of Iowa Code chapter 21.

ICCC acknowledges it posted its agendas on its website, but did not physically post the agendas as required under Iowa Code § 21.4. ICCC has taken measures to ensure it physically posts agendas at three locations on campus. Failing to physically post the agenda was a violation of Iowa Code § 21.4. 

Notice of the meetings were posted on the website within 24 hours, so the public did have notice of the meetings even if it was not what was physically posted as required by Iowa Code. In addition, upon notice of the violation, ICCC immediately took steps to ensure it was in compliance by physically posting the notice and agenda for subsequent meetings.

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

Because ICCC failed to physically post the agenda for meetings as required under Iowa Code § 21.4, the notice was posted on ICCC’s website for these meetings, and ICCC has unilaterally taken measures to ensure all future agendas are physically posted, it is recommended IPIB find probable cause to believe a violation may have occurred, but, as an exercise in administrative discretion, dismiss the complaint.

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