25FC:0197 Linda Smithson v. Bettendorf Community School District - Investigative Report and Probable Cause Order

The Iowa Public Information Board

COMES NOW, Charissa Flege, Deputy Director for the Iowa Public Information Board (“IPIB”), and enters this Investigative Report:

On December 3, 2025, Linda Smithson (“Complainant”) filed formal complaint 25FC:0197, alleging that Bettendorf Community School District (“Respondent”) violated Iowa Code Chapter 21.

The Iowa Public Information Board accepted this complaint at its meeting on December 18, 2025.

Facts

On November 13, 2025, Respondent held its regular meeting of the school board. This meeting followed an election for four (4) seats of the seven (7) school board seats.

The meeting was called to order at 6:00pm and opened with the sitting seven board members. The existing board approved the election results and completed the rest of the regular agenda. The meeting was adjourned at 6:52pm. A meeting was immediately called to order at 6:52 with the newly elected members present. After role call, the next agenda item was the administration of the oaths of office for the new board members and for the treasurer and secretary. The next agenda item was the election of the empty officer positions- president and vice president. There was a single motion and second, followed by a vote of 6 to 1 in favor of the nominated members. All four new members voted the same and no deliberations or disagreement occurred after the nomination.

Complainant brought this complaint alleging that the actions taken indicate that the board members had engaged in deliberation outside of a meeting as to who would be elected for officer seats, in violation of Chapter 21. Complainant alleges that the fact that there was no debate on the officer nominations indicate that conversations took place outside the meeting. Respondent doesn’t concede this occurred, but instead argues that even if it did, it would not be a violation of Chapter 21. 

There is no dispute that the meetings that occurred were properly noticed with an agenda and twenty-four hours’ notice. The crux of the complaint is whether the facts indicate that the four new school board members violated Chapter 21 by “deliberating” outside of that meeting.

Applicable Law

“Meetings of governmental bodies shall be preceded by public notice as provided in section 21.4 and shall be held in open session unless closed sessions are expressly permitted by law. Except as provided in section 21.5, all actions and discussions at meetings of governmental bodies, whether formal or informal, shall be conducted and executed in open session. 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(1)-(2).

“‘Meeting’ means a gathering, in person or by electronic means, formal or informal, of a majority of the members of a governmental body where there is deliberation or action upon any matter within the scope of the governmental body’s policy-making duties. Meetings shall not include a gathering of members of a governmental body for purely ministerial or social purposes when there is no discussion of policy and no intent to avoid the purposes of this chapter.” Iowa Code § 21.2(2).

Analysis

In order for a meeting to occur, four elements must be present: 1) A gathering occurs in person or by electronic means 2) a majority of the governmental body members are present 3) deliberation or action occurs and 4) the deliberation or action is within the scope of the body’s policy making duties.

The four elected officials became members of the governmental body when they were sworn in. The evidence presented to the board, including meeting minutes and a recording of the meeting, indicate from the time the election results were accepted and the officers were sworn in, no discussion between the four newly elected members took place outside the open session meeting. Discussions that occurred during the election campaign would have occurred before the individuals were part of the governmental body.

Although the parties contest whether discussions about officer elections occurred before the meeting on November 13, IPIB does not need to reach a conclusion on whether these discussions occurred to determine whether a violation occurred. Even if they did occur, they would not have created a meeting under the meaning of Iowa Code 21.2(2), because a gathering and deliberation by the four individuals did not constitute “a majority of the members of a governmental body.” Therefore, no violation of Chapter 21’s open meeting requirement occurred.

IPIB Action

The Board may take the following actions upon receipt of an Investigative Report:

1. Redirect the matter for further investigation;

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

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

4. 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 any discussion between the incoming elected individuals would not have created a meeting under Iowa Code section 21, no violation of Chapter 21 has occurred, and it is recommended the Board dismiss for a lack of probable cause.

By the IPIB Deputy Director,

_________________________

Charisa Flege, J.D.

CERTIFICATE OF MAILING

This document was sent on February 12, 2026, to:

Linda Smithson, Complainant

Bettendorf Community School District, Respondent

The Iowa Public Information Board

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

___________________________________

Catherine Lucas

CERTIFICATE OF MAILING

This document was sent on February 20, 2026, to:

Linda Smithson, Complainant

Bettendorf Community School District, Respondent