Judge rules against former SCCSD superintendent in second lawsuit over Open Records Act

SIOUX CITY, Iowa (KCAU) — A judge has ruled on a second lawsuit between the Sioux City Community School District, members of the board, and the former superintendent.

In addition to a lawsuit over violations of the Open Meetings Act , former Sioux City Community School District Superintendent Paul Gausman filed a second lawsuit on April 27, 2023, claiming the school board violated open records law. Similar to the first lawsuit over the open meetings law, this lawsuit was filed against the school district, former School Board President Dan Greenwell, and Board Members Jan George, Taylor Goodvin, and Bob Michaelson.

Gausman accused the defendants of violating Chapter 22 of the Iowa Code , referred to as the Iowa Open Records Act, citing specifically Sections 22.5 and 22.10. The petition to enforce the law asked that Gausman asked for records of three school board meetings but was not provided them by the defendants citing a specific section of the open meetings law saying closed sessions will be sealed unless through a court order.

A judge had found that only Greenwell violated Iowa’s opening meetings law in the first lawsuit and ruled Greenwell must pay damages. Recent court documents show Gausman has submitted $53,435.48 in fees . Greenwell is also facing a $500 court fee.

As part of the lawsuit over the Open Meetings Act, Gausman motioned for a court order for records for meetings on January 24, 2022, and November 30, 2022. He argued that “the records at issue be declared public records and he makes the argument that by failing to follow the procedures required … the Defendants rendered the detailed minutes and audio recordings of the three sessions, de-facto ‘public records.'”

The judge said that there is no support for such an argument in the law and that the Open Meetings Act and Open Records Act are “inextricably intertwined here.”

In a statement, Greenwell said, “I am pleased the judge dismissed this frivolous open records lawsuit. It had no merit from the beginning and was filed as a theater event.”

The judge found that the school and board members did not violate the Open Records Act and granted their motion for summary judgment to assess costs and further relief to Gausman. Additionally, the judge dismissed Gausman’s petition with prejudice.

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