Date:
12/15/2016
Subject:
Iowalive / Brent Siegrist - Preliminary Order for Dismissal
Opinion:
Before the Iowa Public Information Board
|
In re the Matter of: Iowalive, Complainant And Concerning: Brent Siegrist, Respondent |
Case Number: 16FC:0104 PRELIMINARY ORDER FOR DISMISSAL |
COMES NOW, Margaret E. Johnson, Interim Executive Director for the Iowa Public Information Board (IPIB) and enters this Preliminary Order for Dismissal:
On November 21, 2016, Iowalive filed a formal complaint against Brent Siegrist with the IPIB, alleging that Mr. Siegrist violated Iowa Code chapter 22 by failing to release public records in a timely manner. Iowalive requested certain information concerning the salary and other compensation Mr. Siegrist receives as Executive Director of the Iowa Area Education Agencies. This record request was submitted on September 14, 2016.
Mr. Siegrist contacted me on November 22, 2016. He provided an email from September 14, 2016, in which he requested the Iowalive organization provide a contact person for release of the record. Iowalive responded on September 26, 2016, stating that a contact person was not required for release of a public record. Iowalive maintains an email address that can be used for correspondence.
I informed Mr. Siegrist that a requestor of public records can remain anonymous and does not need to provide a contact name. He agreed to release the information requested following the Thanksgiving holiday. The record was released on November 28, 2016.
Iowalive has subsequently submitted a request for additional information, one of which refers to a public record. That request is not part of this complaint. Failure to release records pursuant to a future record request from Iowalive could be grounds for a new complaint.
Iowa Code section 22.2(1) states that every “person shall have the right to examine and copy a public record….” Section 22.3(1) adds that the “lawful custodian shall not require the physical presence of a person requesting… and shall fulfill requests …received in writing, by telephone, or by electronic means.”
Although “person” is not defined in Iowa Code chapter 22, Iowa Code section 4.1(20) defines “person” to mean “individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.” There are many examples of records requests filed by media groups or organizations that are considered valid and enforceable record requests.
Mr. Siegrist mistakenly believed that a person filing a record request must be a named individual. However, this mistake has been corrected, and he now knows how to respond to similar requests in the future.
IT IS SO ORDERED: Formal complaint 16FC:0104 is dismissed as involving harmless error pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.” The IPIB will review this Preliminary Order on December 15, 2016, and will make its final decision. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its final decision.
By the IPIB Interim Executive Director
_________________________________
Margaret E. Johnson
Dated this _____ day of December, 2016.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of December, 2016, to:
IPIB
Iowalive
Brent Siegrist, Executive Director