Red Oak school board accused again of open meetings violation

DES MOINES – Another complaint has been filed against the Red Oak School District for violating the open meetings law several times in the last two months, including twice during a meeting where the board approved a $13 million building project.

Officials with the Iowa Public Information Board confirmed they received the complaints filed by Margaret Stoldorf, and said they would likely be discussed at its March 19 meeting. 

In the complaints, Stoldorf accused the board of publishing an insufficient agenda and meeting in an illegal closed session during the Dec. 15 meeting. At that meeting, the board voted 3-2 to pursue part of the Tiger Vision building project at the cost of $13 million, which does not require public approval. 

While several people attended the meeting and spoke out against pur suing the project without a public vote, Stoldorf stated in her complaint the agenda failed to adequately inform what would be discussed. 

“Most people have little idea what is ‘Tiger Vision’ where some people think it has something to do with providing eye examinations for students, to an idea for the school’s mascot (Tigers),” Stoldorf wrote. “Some people still believe they will have an opportunity to vote on this project sometime in the future.  From the agenda, most people believed this was a planning stage discussion … the public was caught unaware of the implications of the overly simplified Agenda item.”

Also in the complaint, Stoldorf claims an illegal closed meeting occurred during an intermission when board members Lee Fellers, Paul Griffen and Kathy Walker, met on the auditorium stage to discuss who would answer which previously asked questions from the public. 

KCSI owner and station manager Jerry Dietz immediately pointed out to board members and board secretary Shirley Maxwell the discussion was in violation of the open meetings law. The discussion then ended and Fellers apologized to the crowd while explaining what had happened. 

“I believe that is a discussion that should have been held in open session and audible to the public,” Stoldorf said. “What actually occurred was a discussion and deliberation of the Board that was not audible to the public, although it was in view of the public that was in attendance.”

Also in her complaint, Stoldorf accuses the board of conducting a closed session Jan. 5 to discuss a teacher’s resignation without his consent. 

At that meeting, the board decided in closed session to release Michael Berthusen from his high school teaching contract, but Stoldorf stated in her complaint that when she questioned him, he stated he did not request the closed session and was not present for it. 

The board is also accused of failing to provide an agenda to two separate meetings in January.

Prior to that Jan. 5 meeting, the district’s School Improvement Advisory Committee conducted its annual meeting. The committee includes about 50 members of the community and school staff, faculty and board, but Stoldorf alleges “the school failed to provide this agenda to media that had previously requested same, in violation of Code.”

The Red Oak Express did receive an agenda to the meeting on Jan. 5, about eight hours before it was scheduled to start, instead of the required 24 hours.

The agenda was also e-mailed at the same time to KCSI and KMA representatives. In the email, it was noted the agenda was posted Dec. 31, which did comply with Iowa code. 

The board is also accused of not providing an agenda for a subcommittee meeting Jan. 30. The subcommittee included two board members and was interviewing representatives from three construction companies for the upcoming Tiger Vision building project. 

Stoldorf said she would defer to the IPIB for any corrective actions regarding the alleged violations. 

The board recently completed a remediation plan for violations of the open meetings law in 2014, regarding complaints filed by Stoldorf, Jedd Sherman and Don Rogerson. 

According to Stoldorf at the January IPIB meeting, board attorney Rick Engel “chastised IPIB for encouraging prior complainants to ‘monitor’ the Board when they have a ‘bone to pick.’”

She said she took exception to that remark and that his comment board members are “good people” is irrelevant. 

“I think school business should be done in the open and with full disclosure to the public and taxpayers,” she stated.