School board reverses position; seeks resolution

 DES MOINES - A state investigation has determined the Red Oak school board violated Iowa’s open meetings law regarding agendas but exonerated them of a more serious accusation. 

At the Iowa Public Information Board’s September meeting last week in Des Moines, Deputy Director Margaret Johnson discussed her investigation into complaints filed by Jedd Sherman and Don Rogerson. 

In those complaints, the board is accused of discussing Sherman’s evaluations in closed session, despite the former high school principal requesting they be discussed publicly. The IPIB had also previously advised the board, upon Sherman’s request for an opinion that any discussion of his evaluation should be in public session, if he so requested. 

After listening to tapes of the closed sessions, Johnson said it was appar ent the board had already decided to fire Sherman, which they did May 10, before those meetings. 

“The record would support a conclusion that the evaluation phase had concluded prior to the meetings addressed in this complaint,” Johnson wrote in her report. 

Johnson did find probable cause the board violated state law regarding the methods used to close the April 10 meeting and that it and the April 14 meeting included incorrect or vague agendas. 

According to the original minutes of the April 10 meeting, the board never conducted a required roll call vote to close the meeting. 

“There is no record that the motion for closed session was voted upon or how each member voted, a violation of Iowa Code,” Johnson stated in the report. “There is also no record that the motion was approved by a two-thirds vote as required.”

Since the meeting was not properly closed, Johnson said a tape of the meeting should be public record and available upon request. 

However, Red Oak School Board President Lee Fellers said the mistake made was in the recording of the minutes and not in the closing of the meeting. 

Fellers said after reviewing a tape of the meeting, the required roll call vote had in fact occurred, but was mistakenly omitted from the minutes. 

When asked by the IPIB if she could hear a roll call vote on the tapes, Johnson said she couldn’t on the original, which she said contained a great deal of background noise. However, she said the Red Oak school district had provided a “snippet” of the tape in which it was very clear the vote had occurred. 

Fellers said he believed Johnson received a poor copy of the entire meeting and that she would be provided with a clear one this week to review. 

While Johnson will continue to review tapes to determine if that vote did occur, she concluded the reason listed on the agenda to close the meeting was not accurately cited.

The board closed the meeting to discuss personnel, and while three resignations were accepted, they also discussed pending litigation related to personnel matters.

“Iowa code … prohibits the discussion of ‘any business during a closed session which does not directly relate to the specific reason announced as justification for the closed session,’” Johnson wrote. 

As for the April 14 meeting, Johnson found probable cause the board violated state code relating to a vague agenda which listed “personnel considerations,” in which a resignation was accepted. 

“There is no indication on the agenda for this meeting that apprises the public what is to be discussed pursuant to this phrase,” Johnson wrote. 

Johnson also updated the IPIB on a complaint filed by Margaret Stoldorf regarding a June 30 meeting in which the board was again accused of a posting an incomplete agenda. That agenda also included a blanket “personnel discussions” item, under which a principal, assistant principal, teachers and a paraprofessional was hired. Salary considerations were also discussed for principals and one was set for the assistant principal, Barry Bower. 

Unlike the Rogerson and Sherman complaints, the board had previously agreed to enter into the informal resolution process regarding Stoldorf’s, but had rejected a portion of it at a previous meeting. The school board voted 4-1 to remove an admission of guilt from the agreement while changing wording regarding mandatory participation in a training session related to the open meetings law. 

Stoldorf had previously stated she would not accept the terms of the revised agreement, notably the school board’s insistence on not admitting a mistake was made. 

Johnson said Fellers had informed her the board was now willing to admit fault regarding that meeting and in relation to other agendas in an effort to reach an informal resolution to all three complaints. 

Fellers and fellow board member Kathy Walker attended the meeting in Des Moines, along with Stoldorf. Walker was the dissenting vote to changing the original resolution’s wording, expressing an overwhelming desire to resolve the issue. Neither spoke at Thursday’s meeting. 

Stoldorf stated her opposition to the changes to the informal resolution while also questioning the authenticity of the new tape.  

“I’m here to say audio files can be manipulated,” she said, adding she hopes the IPIB is the “voice of reason.”

Fellers quickly dismissed this claim. 

“I think that’s a ridiculous assertion,” he said. “The vote occurred. It just wasn’t properly recorded in the minutes.”

Members of the IPIB, who were publicly critical of the Red Oak board very early in the process, continued their chorus of skepticism.  “This has been a very difficult case and from day one, this whole thing didn’t feel right to me,” board member Gary Mohr said. 

JoAnn Martin said in relation to the possibly illegally closed meeting, there is no way to really right the wrong. 

 “There is no going back and giving Mr. Sherman his time and his date to speak,” she said.

Johnson expressed confidence a contested hearing and filing of charges would be avoided. 

“I think we can probably come up with an informal resolution that will be acceptable to all three complainants,” she told the IPIB.