Date:
04/21/2016
Subject:
Allen Welsh / State Historical Society of Iowa - Compliance Report and Order
Opinion:
Before the Iowa Public Information Board
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In re the Matter of: Allen Welsh, complainant And concerning: State Historical Society of Iowa |
Case Number: 15FC:0087
COMPLIANCE REPORT
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RE: Formal Complaint 15FC:0087, filed by Allen Welsh against the State Historical Society of Iowa, alleged a violation of Iowa Code 22.4 (minimum of 30 hours per week access). The Iowa Public Information Board (IPIB) accepted the complaint on November 19, 2015. Staff reached an informal resolution pursuant to Iowa Code section 23.9. The Iowa Public Information Board accepted the Informal Resolution by an order dated January 21, 2016.
Allen Welsh filed formal complaint 15FC:0087 on October 24, 2015, alleging that the State Historical Society of Iowa (SHSI) violated Iowa Code section 22.4 by failing to allow inspection of certain public records for a minimum of 30 hours per week. The Iowa Public Information Board (IPIB) accepted the complaint on November 19, 2015. An informal resolution was reached and approved by both parties. The resolution reads as follows:
State Historical Society of Iowa
Remediation Plan
15FC:0087
On October 24, 2015, Allen Welsh filed a complaint against the State Historical Society of Iowa (SHSI) and Archivist alleging that the SHSI violated Iowa Code chapter 22. The complaint focused on two issues:
1. Did the SHSI improperly restrict inspection and copying of certain non-fetal death records as allowed by Iowa Code sections 22.2 and 144.43(2)(b)?
2. Did the SHSI fail to maintain the minimum hours of public access as required by Iowa Code section 22.4 (minimum 30 hours per week)?
In response, the SHSI, through counsel, stated that the records requested were over 75 years old and were fragile documents that could be damaged. Co-mingled in the requested records were fetal death records that are not considered public records. The SHSI agreed that physical inspection hours maintained through the Research Center were less than 30 hours per week, but noted that budgetary constraints precluded staffing for the 30 hours per week and that the SHSI had established a website procedure for ordering records that was available more than 30 hours per week.
Mr. Welsh replied and raised concerns about the importance of access to public records and the duty of the SHSI and other agencies to follow the requirements of Chapter 22.
The SHSI has proposed modifications to their rules and policies to better meet the requirements of Chapter 22.
Upon the IPIB acceptance of Mr. Welsh’s complaint, IPIB staff discussed with parties an informal resolution pursuant to Iowa Code section 23.9. All parties were involved in this negotiation, resulting in the acceptance of a remedial plan.
The remediation plan is as follows:
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The SHSI acknowledges that the vital records at issue are subject to chapter 22 with respect to public inspection and copying.The state archivist is the lawful custodian of the records that are a part of the permanent collection of the Iowa State Historical Archives.
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At the time of the filing of this complaint, the SHSI did not maintain public access to the requested records through the Research Center for a minimum of 30 hours per week.
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The SHSI shall develop a policy and appropriate rules to comply with Chapter 22, allowing in person inspection of vital records for a minimum of 30 hours per week.Said inspection may be supervised if the record at issue is fragile or could be otherwise damaged or disorganized, as allowed by Iowa Code section 22.3(1). Supervision and copying fees may be levied as allowed by Iowa Code section 22.3(2).Said policy shall be posted upon the SHSI website and available at the Research Center.
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Fetal death records shall not be available for public inspection pursuant to Iowa Code section 144.43(2).
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The SHSI will provide training to all staff whose jobs involve providing access to the Iowa State Historical Archives concerning Chapter 22, public records.The SHSI may use the IPIB website power point on “Sunshine Laws” as a training resource.
The above provisions shall be completed no later than February 29, 2016, and a report of compliance shall be filed with the IPIB no later than March 4, 2016. Upon successful completion of the remediation plan, the IPIB shall dismiss the complaint as resolved with no additional sanctions.
Both parties reviewed and approved this version. The IPIB approved the informal resolution on January 21, 2016.
A compliance report was filed with the IPIB on March 3, 2016. SHSI reported that an additional 7.5 hours of access was added every Monday, an updated policy was posted at the research center door and online, a detailed policy was distributed to key staff, and training occurred for bureau staff tasked with providing access to public records on February 24 and 29.
This report was shared with Mr. Welsh. Mr. Welsh responded that term three (3) was not completed, in that the SHSI did not allow immediate access to these records a minimum of 30 hours per week. The website policy notes that records can be accessed for 7.5 hours on Mondays, Thursdays, Fridays and Saturdays, for a total of 30 hour per week. SHSI policy does require that staff supervise inspection if a record is fragile or could be damaged or disorganized, as allowed by Iowa Code section 22.3(1).
Mr. Welsh disagrees with the SHSI policy requiring advance notice of a request to inspection records. He states that requiring advance notice in effect reduces the number of hours per week that records are available. Walk-in inspection is not available for a full 30 hours per week, but records can be inspected 30 hours per week if a requestor notifies SHSI of a record request in advance.
Iowa Code section 22.3(1) does allow a lawful custodian to “adopt and enforce reasonable rules regarding the examination and copying of the records and the protection of the records against damage or disorganization.” Given the nature of the records, the SHSI policy is not unreasonable.
It appears that SHSI has complied with the terms of the informal resolution. I recommend that the IPIB dismiss this complaint pursuant to the final paragraph of the informal resolution.
Respectfully submitted this 31st day of March, 2016.
Margaret E. Johnson, JD
Deputy Director
Iowa Public Information Board
Wallace Building, Third Floor
502 E. 9th Street
Des Moines, Iowa 50319
Cc: IPIB
Allen Welsh
David Faith, counsel for SHSI