Date:
08/17/2017
Subject:
Thomas Riley/City of Council Bluffs - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Thomas Riley, Complainant And Concerning: City of Council Bluffs, Respondent |
Case Number: 17FC:0042
DISMISSAL ORDER
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On May 16, 2017, Thomas Riley filed a formal complaint against the City of Council Bluffs (City). He complained that the City violated Iowa Code chapter 22 by failing to release certain public records.
Mr. Riley stated that in January of 2017 he filed a request for records, but the records produced did not meet his request. He then engaged in conversations with the city attorney about his request.
On March 29, 2017, he said he filed another request with the city attorney’s office requesting records concerning billing for false alarm fees and other security system billing records. The records covered the years 2006 to 2016. He asked for the IPIB to “expedite the collection and public distribution of this data.”
The city attorney was provided a copy of the complaint on May 18, 2017. That same day, the city attorney responded, stating that the City contracts with a company in Colorado to provide these services. The vendor was uncertain what records were requested and how to prepare the documents from the data housed in Colorado.
The City also provided a timeline showing that the City had communicated with the Colorado firm at least eight times since the end of March to retrieve the records for the request. After a telephone conference on May 9, 2017, the Colorado company promised the records would be delivered by May 26, 2017.
All of this information was provided to Mr. Riley on May 23, 2017.
The vendor did not produce the records on May 26, 2017. After continued prodding by the City, the records were produced on June 1, 2017.
On June 27, 2017, Mr. Riley filed an additional records request for communications between city staff about billing status of the property owners using the security systems. He stated that the initial record request did not answer all his questions about the security system billings.
It appears that the initial record request was fulfilled. Mr. Riley requested that the IPIB expedite the production of the records. Due to the vendor’s out-of-state location, plus the need to convert data into an appropriate record, the record request took over two months to fulfill. However, the City did communicate with Mr. Riley during this time about the challenges of producing the records and continually prodded the vendor to provide the records.
There is no evidence that the delay was unreasonable or not in good faith. Release of the records has not been denied. The city attorney and City staff have made continual efforts to fulfill the record requests. The records cited in this complaint have been released to Mr. Riley, who is now requesting additional records. There is nothing further to be resolved.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint is not legally sufficient.
IT IS SO ORDERED: Formal complaint 17FC:0042 is dismissed as legally insufficient 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 August 17, 2017. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
_________________________________
Margaret E. Johnson
Dated this _____ day of _______, 2017.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of ______, 2017, to:
IPIB
Thomas Riley
Richard Wade, city attorney