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Joe Primasing

From: Chris Liebig


Sent: Friday, October 21, 2016 8:49 AM
To: Stephen Murley
Cc: jholland@icialaw.com
Subject: FW:
Attachments: image001.jpg

Hi, Steve. I disagree that anything I was quoted as saying violates any law or policy. Our policies have to be interpreted
in ways that are consistent with the First Amendment. Board members have to be able to explain the reasons for the
way they vote on the issues that come before them; that's the kind of speech that's at the heart of the First
Amendment.

I do not see any state statute that prohibits board members from all public comment on a superintendent's
performance. That's especially true since any discussion of anything in the district that needs changing could be
interpreted as critical of the people running the district; it would be absurd to suggest that board members' speech is
limited in that way. It is one thing the statutes to say that we have to conduct our formal evaluation processes outside
the public eye, but quite another thing to suggest that we can never say anything publicly that could be interpreted as
reflecting on the superintendent's performance. (Moreover, if there were such a prohibition, it would have been violated
here by any board member who made positive comments about the contract proposal as well.)

As for revealing things we talked about in private session, nothing I am quoted as saying reveals anything that the board
discussed. The mere fact that a topic is discussed in private session does not mean that a board member is then
precluded from ever discussing that same topic with others.

I don't understand how anything that was quoted in the paper violates the policy about board members exercising
individual authority over staff members.

But if I'm wrong about these issues, I need to know. This issue would have a big effect for how we can discuss the
contract proposal at this week's board meeting. I request that that proposal be tabled until we resolve this question.

By the way, I never heard back from you about posting my statement about the Van Housen hearing. Are you objecting
to that on the same grounds? I'd like to know before I share that statement with anyone else.

Thanks,

Chris Liebig

From: Chris Lynch


Sent: Thursday, October 20, 2016 7:39 AM
To: Board
Cc: Stephen Murley; Joe Holland
Subject: Fwd:

Board:Informationonlybelow:pleaseensureyouhavereadandunderstoodthepoliciesbelow.

Anyquestions,pleaserespondonlytome.

1
Chris

SentfrommyiPhone

Beginforwardedmessage:

From:StephenMurley<Murley.Stephen@iowacityschools.org>
Date:October19,2016at10:16:55PMCDT
To:ChrisLynch<Chris.Lynch@iowacityschools.org>,LaTashaDeLoach
<LaTasha.DeLoach@iowacityschools.org>
Cc:"JoeHolland(jholland@icialaw.com)"<jholland@icialaw.com>

GoodEvening,

Iwritetoyoutonightwithgraveconcerns.PleaseseethearticlecurrentlyrunningonlineinthePress
CitizenwhichIpresumewillbeintheprinteditiontomorrowmorning(http://www.press
citizen.com/story/news/2016/10/19/proposedpayraisesuperintendentdividesboard/92426232/).

Inthisarticlearethefollowingquotes:
BoardmembersPhilHemingway,ChrisLiebigandLoriRoetlinsaidtheproposedraiseis
inappropriateafterarecentinvestigationrevealedareasofnoncomplianceinthedistrict's
specialeducationprogram.

Liebigsaidhealsoopposesthecontractbecauseitincludesahigherpayraisethanthose
approvedforotherstaffgroups.Idontseeagoodreasonforthat,"Liebigsaid.

HemingwaysaidhethinksissuesraisedduringtheIowaDepartmentofEducation's
investigationofspecialeducation,includingconcernsaboutwhetherthedistricthasa
retaliatoryculture,havenotbeenfullyaddressed.Hesaidheisalsoconcernedaboutconsulting
workMurleyhasdoneinthepast.Imagainstanyraisesforthesuperintendent.Idontthink
hehadagoodyear,"Hemingwaysaid.

IdrawyourattentiontotheBoardPoliciesonBoardGovernance
(http://www.iowacityschools.org/files/_NXJqU_/c7e6562e4483c82b3745a49013852ec4/BoardGoverna
nceReviewed_2.3.15.pdf).

IspecificallyreferenceCodeofConduct(Level2d)andwithinthatsection(Level3d):2.a,b,c:
2.Boardmembersshallnotattempttoexerciseindividualauthorityovertheorganizationexceptas
explicitlysetforthinBoardPolicies.
a. Members' interaction with the Superintendent or with staff must recognize the lack of
authorityvestedinindividualsexceptwhenexplicitlyauthorizedbytheBoard.
b.Members'interactionwiththepublic,pressorotherentitiesmustrecognizethesamelimitation
andtheinabilityofanyBoardmembertospeakfortheBoardexcepttorepeatexplicitlystatedBoard
decisions.
c.MembersshallnotpubliclymakeorexpressindividualnegativejudgmentsaboutSuperintendentor
staffperformance. AnysuchjudgmentsofSuperintendentperformancewillbemadeonlybytheBoard,
meetinginexecutivesessionasappropriate.

AndIspecificallyreferenceCodeofConduct(Level2d)andwithinthatsection(Level3d)::

3.Boardmembersshallmaintaintheconfidentialityappropriatetoissuesofasensitivenature,
especiallythosediscussedinexecutivesession.

2

InmyopinionthesethreemembersoftheBoardareevaluatingmeinpublicwhichisindirect
violationofBoardPolicy.Theyarealsoexpressingnegativejudgmentsaboutmyperformancewhich
isindirectionviolationofBoardPolicy.Andfinally,theyareviolatingtheconfidentialityofexecutive
sessionwheremyevaluationwasdiscussedwhichisindirectviolationofBoardPolicy.

Thisiswhollyinappropriateandnotacceptable.Thisbehaviorcannotbeallowedtostand
unchallenged.Thisbehaviorcannotbeallowedtocontinuewithoutsometypeofwarningthatit
mustnotoccuragainandthatifitdoessoappropriateconsequenceswillbeimposed.

Withrespect,
Steve


Stephen F. Murley
Superintendent of Schools
Iowa City Community School District
1725 North Dodge Street
Iowa City, IA 52245-9589
Phone: 319-688-1000
Fax: 319-688-1009
Web: http://www.iowacityschools.org

NOTICE: All email communications to and from the Districts email server are archived in accordance with District policy and procedures.
This email communication, including attachments, contains information which may be confidential and/or legally privileged, and may
otherwise be exempt from disclosure under applicable law. The information is intended solely for the use of the addressee. If you are not the
intended recipient or believe you received this communication in error, please reply to the sender indicating that fact and delete the copy you
received. In addition, if you are not the intended recipient or believe you received this communication in error, any unauthorized retention,
copying, disclosure, distribution, or other use of the information is strictly prohibited. Thank you.

NOTICE: All email communications to and from the Districts email server are archived in accordance with District policy and procedures. This email
communication, including attachments, contains information which may be confidential and/or legally privileged, and may otherwise be exempt from disclosure
under applicable law. The information is intended solely for the use of the addressee. If you are not the intended recipient or believe you received this
communication in error, please reply to the sender indicating that fact and delete the copy you received. In addition, if you are not the intended recipient or believe
you received this communication in error, any unauthorized retention, copying, disclosure, distribution, or other use of the information is strictly prohibited. Thank
you.

3
Joe Primasing

From: Chris Liebig


Sent: Friday, October 21, 2016 8:53 AM
To: Chris Lynch
Cc: Stephen Murley; jholland@icialaw.com
Subject: FW:
Attachments: image001.jpg

Meant to include Chris Lynch on this. Chris -- I do think we should postpone this agenda item until we clarify how board
members are allowed to discuss this topic.

Chris Liebig

From: Chris Liebig


Sent: Friday, October 21, 2016 8:49 AM
To: Stephen Murley
Cc: jholland@icialaw.com
Subject: FW:

Hi, Steve. I disagree that anything I was quoted as saying violates any law or policy. Our policies have to be interpreted
in ways that are consistent with the First Amendment. Board members have to be able to explain the reasons for the
way they vote on the issues that come before them; that's the kind of speech that's at the heart of the First
Amendment.

I do not see any state statute that prohibits board members from all public comment on a superintendent's
performance. That's especially true since any discussion of anything in the district that needs changing could be
interpreted as critical of the people running the district; it would be absurd to suggest that board members' speech is
limited in that way. It is one thing the statutes to say that we have to conduct our formal evaluation processes outside
the public eye, but quite another thing to suggest that we can never say anything publicly that could be interpreted as
reflecting on the superintendent's performance. (Moreover, if there were such a prohibition, it would have been violated
here by any board member who made positive comments about the contract proposal as well.)

As for revealing things we talked about in private session, nothing I am quoted as saying reveals anything that the board
discussed. The mere fact that a topic is discussed in private session does not mean that a board member is then
precluded from ever discussing that same topic with others.

I don't understand how anything that was quoted in the paper violates the policy about board members exercising
individual authority over staff members.

But if I'm wrong about these issues, I need to know. This issue would have a big effect for how we can discuss the
contract proposal at this week's board meeting. I request that that proposal be tabled until we resolve this question.

By the way, I never heard back from you about posting my statement about the Van Housen hearing. Are you objecting
to that on the same grounds? I'd like to know before I share that statement with anyone else.

Thanks,

Chris Liebig

1
From: Chris Lynch
Sent: Thursday, October 20, 2016 7:39 AM
To: Board
Cc: Stephen Murley; Joe Holland
Subject: Fwd:

Board:Informationonlybelow:pleaseensureyouhavereadandunderstoodthepoliciesbelow.

Anyquestions,pleaserespondonlytome.
Chris

SentfrommyiPhone

Beginforwardedmessage:

From:StephenMurley<Murley.Stephen@iowacityschools.org>
Date:October19,2016at10:16:55PMCDT
To:ChrisLynch<Chris.Lynch@iowacityschools.org>,LaTashaDeLoach
<LaTasha.DeLoach@iowacityschools.org>
Cc:"JoeHolland(jholland@icialaw.com)"<jholland@icialaw.com>

GoodEvening,

Iwritetoyoutonightwithgraveconcerns.PleaseseethearticlecurrentlyrunningonlineinthePress
CitizenwhichIpresumewillbeintheprinteditiontomorrowmorning(http://www.press
citizen.com/story/news/2016/10/19/proposedpayraisesuperintendentdividesboard/92426232/).

Inthisarticlearethefollowingquotes:
BoardmembersPhilHemingway,ChrisLiebigandLoriRoetlinsaidtheproposedraiseis
inappropriateafterarecentinvestigationrevealedareasofnoncomplianceinthedistrict's
specialeducationprogram.

Liebigsaidhealsoopposesthecontractbecauseitincludesahigherpayraisethanthose
approvedforotherstaffgroups.Idontseeagoodreasonforthat,"Liebigsaid.

HemingwaysaidhethinksissuesraisedduringtheIowaDepartmentofEducation's
investigationofspecialeducation,includingconcernsaboutwhetherthedistricthasa
retaliatoryculture,havenotbeenfullyaddressed.Hesaidheisalsoconcernedaboutconsulting
workMurleyhasdoneinthepast.Imagainstanyraisesforthesuperintendent.Idontthink
hehadagoodyear,"Hemingwaysaid.

IdrawyourattentiontotheBoardPoliciesonBoardGovernance
(http://www.iowacityschools.org/files/_NXJqU_/c7e6562e4483c82b3745a49013852ec4/BoardGoverna
nceReviewed_2.3.15.pdf).

IspecificallyreferenceCodeofConduct(Level2d)andwithinthatsection(Level3d):2.a,b,c:
2.Boardmembersshallnotattempttoexerciseindividualauthorityovertheorganizationexceptas
explicitlysetforthinBoardPolicies.
a. Members' interaction with the Superintendent or with staff must recognize the lack of
authorityvestedinindividualsexceptwhenexplicitlyauthorizedbytheBoard.
b.Members'interactionwiththepublic,pressorotherentitiesmustrecognizethesamelimitation
andtheinabilityofanyBoardmembertospeakfortheBoardexcepttorepeatexplicitlystatedBoard
decisions.
2
c.MembersshallnotpubliclymakeorexpressindividualnegativejudgmentsaboutSuperintendentor
staffperformance. AnysuchjudgmentsofSuperintendentperformancewillbemadeonlybytheBoard,
meetinginexecutivesessionasappropriate.

AndIspecificallyreferenceCodeofConduct(Level2d)andwithinthatsection(Level3d)::

3.Boardmembersshallmaintaintheconfidentialityappropriatetoissuesofasensitivenature,
especiallythosediscussedinexecutivesession.

InmyopinionthesethreemembersoftheBoardareevaluatingmeinpublicwhichisindirect
violationofBoardPolicy.Theyarealsoexpressingnegativejudgmentsaboutmyperformancewhich
isindirectionviolationofBoardPolicy.Andfinally,theyareviolatingtheconfidentialityofexecutive
sessionwheremyevaluationwasdiscussedwhichisindirectviolationofBoardPolicy.

Thisiswhollyinappropriateandnotacceptable.Thisbehaviorcannotbeallowedtostand
unchallenged.Thisbehaviorcannotbeallowedtocontinuewithoutsometypeofwarningthatit
mustnotoccuragainandthatifitdoessoappropriateconsequenceswillbeimposed.

Withrespect,
Steve


Stephen F. Murley
Superintendent of Schools
Iowa City Community School District
1725 North Dodge Street
Iowa City, IA 52245-9589
Phone: 319-688-1000
Fax: 319-688-1009
Web: http://www.iowacityschools.org

NOTICE: All email communications to and from the Districts email server are archived in accordance with District policy and procedures.
This email communication, including attachments, contains information which may be confidential and/or legally privileged, and may
otherwise be exempt from disclosure under applicable law. The information is intended solely for the use of the addressee. If you are not the
intended recipient or believe you received this communication in error, please reply to the sender indicating that fact and delete the copy you
received. In addition, if you are not the intended recipient or believe you received this communication in error, any unauthorized retention,
copying, disclosure, distribution, or other use of the information is strictly prohibited. Thank you.

NOTICE: All email communications to and from the Districts email server are archived in accordance with District policy and procedures. This email
communication, including attachments, contains information which may be confidential and/or legally privileged, and may otherwise be exempt from disclosure
under applicable law. The information is intended solely for the use of the addressee. If you are not the intended recipient or believe you received this
communication in error, please reply to the sender indicating that fact and delete the copy you received. In addition, if you are not the intended recipient or believe
you received this communication in error, any unauthorized retention, copying, disclosure, distribution, or other use of the information is strictly prohibited. Thank
you.

3
From: Stephen Murley
To: Chris Lynch; LaTasha DeLoach
Cc: Joe Holland (jholland@icialaw.com)
Subject: FW:
Date: Friday, October 21, 2016 1:54:04 PM

Good Afternoon,

Please see below.

I will leave it to you two to determine if or how to reply to his comments. I was very clear in my email that his
comments violated Board Policy. I made no assertions that he was breaking any laws.

I will also leave it to the two of you to determine how best to respond to his request to publicly post his
dissenting opinion.

Steve

Stephen F. Murley
Superintendent of Schools
Iowa City Community School District
1725 North Dodge Street
Iowa City, IA 52245-9589
Phone: 319-688-1000
Fax: 319-688-1009
Web: http://www.iowacityschools.org

From: Chris Liebig


Sent: Friday, October 21, 2016 8:49 AM
To: Stephen Murley <Murley.Stephen@iowacityschools.org>
Cc: jholland@icialaw.com
Subject: FW:

Hi, Steve. I disagree that anything I was quoted as saying violates any law or policy. Our policies have to be
interpreted in ways that are consistent with the First Amendment. Board members have to be able to explain the
reasons for the way they vote on the issues that come before them; that's the kind of speech that's at the heart of the
First Amendment.

I do not see any state statute that prohibits board members from all public comment on a superintendent's
performance. That's especially true since any discussion of anything in the district that needs changing could be
interpreted as critical of the people running the district; it would be absurd to suggest that board members' speech is
limited in that way. It is one thing the statutes to say that we have to conduct our formal evaluation processes
outside the public eye, but quite another thing to suggest that we can never say anything publicly that could be
interpreted as reflecting on the superintendent's performance. (Moreover, if there were such a prohibition, it would
have been violated here by any board member who made positive comments about the contract proposal as well.)

As for revealing things we talked about in private session, nothing I am quoted as saying reveals anything that the
board discussed. The mere fact that a topic is discussed in private session does not mean that a board member is
then precluded from ever discussing that same topic with others.

I don't understand how anything that was quoted in the paper violates the policy about board members exercising
individual authority over staff members.

But if I'm wrong about these issues, I need to know. This issue would have a big effect for how we can discuss the
contract proposal at this week's board meeting. I request that that proposal be tabled until we resolve this question.

By the way, I never heard back from you about posting my statement about the Van Housen hearing. Are you
objecting to that on the same grounds? I'd like to know before I share that statement with anyone else.

Thanks,

Chris Liebig

From: Chris Lynch


Sent: Thursday, October 20, 2016 7:39 AM
To: Board
Cc: Stephen Murley; Joe Holland
Subject: Fwd:

Board: Information only below: please ensure you have read and understood the policies below.

Any questions, please respond only to me.


Chris

Sent from my iPhone

Begin forwarded message:

From: Stephen Murley <Murley.Stephen@iowacityschools.org>


Date: October 19, 2016 at 10:16:55 PM CDT
To: Chris Lynch <Chris.Lynch@iowacityschools.org>, LaTasha DeLoach
<LaTasha.DeLoach@iowacityschools.org>
Cc: "Joe Holland (jholland@icialaw.com)" <jholland@icialaw.com>

Good Evening,

I write to you tonight with grave concerns. Please see the article currently running on-line in the
Press Citizen which I presume will be in the print edition tomorrow morning (http://www.press-
citizen.com/story/news/2016/10/19/proposed-pay-raise-superintendent-divides-
board/92426232/).

In this article are the following quotes:
- Board members Phil Hemingway, Chris Liebig and Lori Roetlin said the proposedraise is
inappropriate aftera recentinvestigation revealed areas of noncompliance in thedistrict's
special education program.

- Liebig said he also opposes thecontract because it includes a higher pay raise thanthose
approved for other staff groups. I dont see a good reason for that," Liebig said.

- Hemingway said he thinks issues raised during the Iowa Department of Education's
investigation of special education, including concerns about whether the district has a
retaliatory culture, have not been fully addressed. He said he is also concerned about
consulting work Murley has done in the past. Im against any raises for the
superintendent. I dont think he had a good year," Hemingway said.

I draw your attention to the Board Policies on Board Governance
(http://www.iowacityschools.org/files/_NXJqU_/c7e6562e4483c82b3745a49013852ec4/BoardGovernance-
Reviewed_2.3.15.pdf).

I specifically reference Code of Conduct (Level 2d) and within that section (Level 3d):2.a, b, c:
2. Board members shall not attempt to exercise individual authority over the organization except as
explicitly set forth in Board Policies.
a. Members' interaction with the Superintendent or with staff must recognize the lack of
authority vested in individuals except when explicitly authorized by the Board.
b. Members' interaction with the public, press or other entities must recognize the same
limitation and the inability of any Board member to speak for the Board except to repeat
explicitly stated Board decisions.
c. Members shall not publicly make or express individual negative judgments about Superintendent
or staff performance. Any such judgments of Superintendent performance will be made only by the
Board, meeting in executive session as appropriate.

And I specifically reference Code of Conduct (Level 2d) and within that section (Level 3d)::

3. Board members shall maintain the confidentiality appropriate to issues of a sensitive nature,
especially those discussed in executive session.

In my opinion these three members of the Board are evaluating me in public which is in direct
violation of Board Policy. They are also expressing negative judgments about my performance
which is in direction violation of Board Policy. And finally, they are violating the confidentiality of
executive session where my evaluation was discussed which is in direct violation of Board Policy.

This is wholly inappropriate and not acceptable. This behavior cannot be allowed to stand
unchallenged. This behavior cannot be allowed to continue without some type of warning that it
must not occur again and that if it does so appropriate consequences will be imposed.

With respect,
Steve


Stephen F. Murley
Superintendent of Schools
Iowa City Community School District
1725 North Dodge Street
Iowa City, IA 52245-9589
Phone: 319-688-1000
Fax: 319-688-1009
Web: http://www.iowacityschools.org

NOTICE: All email communications to and from the Districts email server are archived in accordance with District policy and
procedures. This email communication, including attachments, contains information which may be confidential and/or legally privileged,
and may otherwise be exempt from disclosure under applicable law. The information is intended solely for the use of the addressee. If
you are not the intended recipient or believe you received this communication in error, please reply to the sender indicating that fact and
delete the copy you received. In addition, if you are not the intended recipient or believe you received this communication in error, any
unauthorized retention, copying, disclosure, distribution, or other use of the information is strictly prohibited. Thank you.

NOTICE: All email communications to and from the Districts email server are archived in accordance with District policy and procedures. This email
communication, including attachments, contains information which may be confidential and/or legally privileged, and may otherwise be exempt from
disclosure under applicable law. The information is intended solely for the use of the addressee. If you are not the intended recipient or believe you
received this communication in error, please reply to the sender indicating that fact and delete the copy you received. In addition, if you are not the
intended recipient or believe you received this communication in error, any unauthorized retention, copying, disclosure, distribution, or other use of the
information is strictly prohibited. Thank you.

NOTICE: All email communications to and from the Districts email server are archived in accordance with District policy and procedures. This email
communication, including attachments, contains information which may be confidential and/or legally privileged, and may otherwise be exempt from
disclosure under applicable law. The information is intended solely for the use of the addressee. If you are not the intended recipient or believe you
received this communication in error, please reply to the sender indicating that fact and delete the copy you received. In addition, if you are not the
intended recipient or believe you received this communication in error, any unauthorized retention, copying, disclosure, distribution, or other use of the
information is strictly prohibited. Thank you.

NOTICE: All email communications to and from the Districts email server are archived in accordance with District policy and procedures. This email
communication, including attachments, contains information which may be confidential and/or legally privileged, and may otherwise be exempt from
disclosure under applicable law. The information is intended solely for the use of the addressee. If you are not the intended recipient or believe you
received this communication in error, please reply to the sender indicating that fact and delete the copy you received. In addition, if you are not the
intended recipient or believe you received this communication in error, any unauthorized retention, copying, disclosure, distribution, or other use of the
information is strictly prohibited. Thank you.