Date:
07/20/2017
Subject:
Stuart Smith/Iowa Department of Human Services - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Stewart Smith, Complainant And Concerning: Department of Human Services, Respondent |
Case Number: 17FC:0046 DISMISSAL ORDER |
COMES NOW, Margaret E. Johnson, Interim Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Stuart Smith filed complaint 17FC:0046 on June 5, 2017, alleging that the Iowa Department of Human Services, Cedar Rapids office (DHS) violated Iowa Code chapter 22 by failing to timely release certain records.
On June 5, 2017, Mr. Smith alleges that he requested public records from DHS verbally during a telephone call. (Note: The complaint states that the request was made on June 7, 2017. Mr. Smith amended this date.)
DHS responded, indicating that Mr. Smith requested copies of any and all records in DHS custody with his name on the record. Due to privacy concerns and state and federal laws, DHS does not release case records to any individual without that person providing proof of identity. DHS also stated that the records Mr. Smith has requested are confidential records pursuant to Iowa Code section 217.30 and not released to the public. The specific records can be released to Mr. Smith if he provides proof of identity pursuant to Iowa Administrative Code rules 9.4(1) and 9.4(2).
Mr. Smith has been informed that he can access these records, but that the records are not public records under Iowa law. Chapter 22 of the Iowa Code does not govern the release of these records.
NOTE: Since the filing of his complaint, Mr. Smith submitted another request to DHS on or about July 7, 2017, requesting emails, texts, and other communications from certain employees during the month of June 2017. That record request is not included within this complaint.
Iowa Code section 23.8 requires that a complaint be within the IPIBβs jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint is not within the jurisdiction of the IPIB and is also legally insufficient and without merit.
IT IS SO ORDERED: Formal complaint 17FC:0046 is dismissed as legally insufficient, without merit, and beyond the jurisdiction of the IPIB 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 βdelegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.β The IPIB will review this Order on July 20, 2017. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of the decision.
By the IPIB Interim 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
Stuart Smith
Amy McCoy, DHS