Date:
06/19/2025
Subject:
Linda Reardon/Gladbrook-Reinbeck Community School District - Investigative Report and Probable Cause Order
Opinion:
The Iowa Public Information Board
In re the Matter of: Linda Reardon, Complainant And Concerning: Gladbrook-Reinbeck Community School District, Respondent |
Case Numbers: 25FC:0046 Investigative Report and
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COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Investigative Report:
On April 24, 2025, Linda Reardon filed two formal complaints, which were merged into single complaint 25FC:0046. Reardon alleges the Board of Education for the Gladbrook-Reinbeck Community School District (District) violated Iowa Code Chapters 21 and 22. The IPIB accepted this Complaint on March 15, 2025.
Facts
Reardon has three primary complaints against the District:
- A special meeting was held on April 24, 2025. Appropriate notice was not provided for the special meeting. (Special Meeting Complaint)
- A motion was made and passed at the February 20 meeting and the minutes to not accurately reflect the motion and resulting action. (Motion Complaint)
- Notice for a public hearing held on April 24, 2025, was incorrectly published in the local newspaper. (Notice Complaint)
Special Meeting Complaint:
Reardon’s complaint acknowledges that notice for the Special Meeting held on April 24 was included on the agenda posted on April 23, but states the notice was improper because specific action was not taken to hold the Special Meeting.
The District responded and provided a copy of the agenda posted on April 23, showing the Special Meeting slated to begin at 6 p.m. on April 24 and just prior to the full meeting. The District stated,
“All of this information was on the agenda and posted to our district website by 4:35 PM April 23rd. The special session was scheduled for 6:00 PM. Our board policy specifies that notice be prior to the 24 hours, this was on our website and front window of the school. Our policy also specifies that Special Meetings may be called and follow the procedures of public notification as they would be for our Regular Board meetings, it is not specified that special meetings need to have an adopted resolution to have and schedule them, only that we provide the proper public notification.”
Motion Complaint:
Reardon alleges the District made a motion at the meeting held on February 20 that was not appropriately captured in the minutes. Specifically, Reardon states there was a motion to set a public hearing related to the school budget for April 24 and the motion is not published in the minutes, which were approved by the District at the March meeting
The District responded and indicated there are two hearings required for the budget. The first hearing date, to be held in March, was approved by the District and is reflected in the minutes. The second public hearing date was not set until March 27 and was not set by affirmative vote but rather by selecting the date and including the date in the minutes. The District maintains the minutes are accurate and appropriate.
The February 20 minutes state as follows: “BOARD CALENDAR/NEXT MEETING: Matt Wyatt motioned to set the 1st public hearing and the regular board meeting for March 27th at 7:00pm. Christine Farley seconded the motion. Motion carried 7-0.”
The March 27th minutes state as follows: “Board Calendar/Next Meeting: Work Session will be April 8, 2025 7:00pm at the JH/HS Library. 2nd Hearing of the Budget and Regular meeting April 24th at 7:00pm at the JH/HS Library.”
Notice Complaint:
Reardon alleges the date of the April 24 budget hearing was incorrectly published in the local newspaper and indicated a date of April 22, as opposed to the correct date of April 24.
The District responded and acknowledged the hearing date published in the newspaper was not correct. However, the District indicated this was an error on the part of the newspaper and numerous emails show the date was submitted appropriately to the newspaper. In addition, the District worked with legal counsel and the Iowa Department of Management to develop an alternative plan to address the discrepancy. A second hearing was set for May 12, 2025, to meet the public hearing and notice requirements.
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.” Iowa Code § 21.4(a).
“Each governmental body shall keep minutes of all its meetings showing the date, time and place, the members present, and the action taken at each meeting. The minutes shall show the results of each vote taken and information sufficient to indicate the vote of each member present. The vote of each member present shall be made public at the open session. The minutes shall be public records open to public inspection.” Iowa Code § 21.3(2).
Analysis
IPIB staff are unable to identify a violation of Iowa Code Chapters 21 or 22.
Special Meeting Complaint: There is no requirement in Iowa Code Chapter 21 that a special meeting be treated differently than a regular meeting for purposes of setting a date and notice. It was appropriate for the District to notice and post the meeting in the same manner as a regular board meeting and within the 24-hour notification requirements. There is no violation of Iowa Code Chapter 21.
Motion Complaint: The minutes from February 20 and March 27 align with the statements made by the District and there is no reason to doubt the accuracy of the minutes. Iowa Code Chapter 21 does not require a motion or action to set a meeting. However, notification is required. There is no allegation that notice was not provided and the minutes clearly state the date of each upcoming hearing, even if there is not a proper motion to set the date. There is no violation of Iowa Code Chapter 21.
Motion Complaint: The District acknowledges the publication of the notice was not properly provided for the hearing due to error by the local newspaper. This was not the District’s fault and the District worked to quickly and efficiently address the issue. There is no publication requirement under Iowa Code chapter 21 and no violation of Iowa Code Chapter 21.
IPIB Action
The Board may take the following actions upon receipt of an investigative 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
There is no evidence presented to illustrate a violation of Iowa Code Chapter 21. As such, this complaint should be dismissed for lack of probable cause to believe a violation has occurred.
By the IPIB Executive Director
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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
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Monica McHugh