Former IPIB Executive Director Keith Luchtel found the council had “ongoing actions” that appeared to be violations of Iowa Code as well, including “vague and non-descriptive agenda, votes on matters not on the agenda and deliberation on matters not on the agenda,” according to a report. The council acknowledged “prior minutes and agendas lacked items discussed or were insufficiently described” as required by Iowa Code, according to a remediation plan approved by the public body and the IPIB. An IPIB report said the council acknowledged “non-emergency discussions and votes” took place at meetings that were not listed on publicly distributed agendas.

The plan, which was approved by the IPIB on Thursday afternoon, requires all council members, the city clerk and the mayor of Pacific Junction to review training provided on the IPIB website. The board will also provide council members copies of reference materials. Pacific Junction also pledges to “strive to describe future agenda items” sufficiently enough to meet legal requirements.

Jedd Sherman and Margaret Stoldorf called attention to a Dec. 15 school board meeting – held after board members received training from the Iowa Association of School Boards – where they describe a “huddle” of board members during a recess prior to a vote on a $13 million high school project. Stoldorf, who spoke at Thursday’s meeting, said the Red Oak school board should have had the conversation in open session.

Red Oak Superintendent Terry Schmidt said he was part of that discussion among three board members and two district officials. He said the exchange was “innocuous,” asking who should respond to questions from the public about the proposed facility project. But when a radio station representative challenged the discussion, they agreed they should reconvene in open session. A call was placed to the IPIB following the meeting to report the incident and solicit guidance, according to both district and IPIB officials.

Addressing a separate matter, Sherman said he was unsatisfied with the process because he never could access the rationale the board had to consider terminating his contract as principal of Red Oak High School. Sherman eventually resigned as principal, accepted a settlement payment and took a job teaching at St. Albert High School.

Don Rogerson, the third complainant, asked the IPIB to consider the “paradox” of needing to know which of a series of closed sessions contained an inappropriate discussion to successfully object to the meeting. Those letters – along with the fact the IPIB solicited the input – drew a sharp reaction from Rick Engel, an attorney representing the Red Oak district. He said the agency was sending a different message to public bodies, one inviting prejudice of the school board’s actions.

Engel said he questioned using those who file complaints to monitor compliance with remediation plans, which he said should be up to the IPIB itself. In the Red Oak cases, the complainants had already approved of the plan. In the final report for the cases, IPIB Deputy Director Margaret Johnson said any future violation of open meeting requirements by the Red Oak school board should be viewed as done knowingly, which could carry additional consequences.

Engel said the language suggests the district is not trusted. He asked if that was what the IPIB intended to do and whether it’s fair to do so. Johnson clarified during and in an interview after Thursday’s meeting that she intended that comment to be a notice the board has now had training, but she said determinants an action was knowingly done would not be automatic.

In response, Engel said he was happy with the board’s decision to dismiss the three cases as resolved and not use the “knowingly” language in its orders. Schmidt, the Red Oak superintendent, said the district has learned from the process.

In late November, a jury convicted the 63-year old Reynolds of first-degree murder for the death of 64-year old Patricia Kinkade-Dorsey, of Atlantic. Around 3 a.m. on April 8 at his Oakland home, Reynolds fatally shot Kinkade-Dorsey just above the right eye with a 9-millimeter handgun. Kinkade-Dorsey was a friend of Reynolds’ wife, Theresa, and was staying at the couple’s home.

The three had spent the previous evening drinking with the Reynolds’ neighbors, who left around 10:30 p.m. Around 3 a.m. Theresa Reynolds awoke to find her husband screaming at Kinkade-Dorsey in the kitchen. The fight escalated and ended with Robert Reynolds shooting Kinkade-Dorsey.

Joseph Reedy, who defended Reynolds with Eric Nelson, told Fourth District Court Judge Greg Steensland that a call allegedly made by Reynolds to his family after his arrest shouldn’t have been allowed at trial. The motion for arrest of judgement, asks the court to stop the judgement against the defendant.

At trial, during testimony from Pottawattamie County Sheriff’s Office Sgt. Rob Ambrose the prosecution played a jailhouse call from Reynolds to his mother and stepfather’s home. Ambrose had instructed crime scene technician Katie Pattee to pull audio from the call, which Reynolds made around 11:30 a.m. while in the holding section of the jail on April 8. As they did at trial, the defense argued that to verify the veracity of the call, the prosecution should’ve called an employee with the contractor that handles such recordings for the jail to testify.

During the trial, Steensland ruled that the call and Pattee’s testimony about the call would be allowed. Reynolds’ other attorney, Nelson, then made two other arguments as part of a motion for a new trial.The last argument centered on the jury. Nelson said that the jury selection process – culling jurors from east Pottawattamie County – systematically excluded minorities from the jury. He cited precedent that the defendant need not be a different race to file a complaint about a lack of minorities on a jury.

Steensland told the court he’d take the motions under advisement and make a decision in the coming days.