Date:
04/19/2018
Subject:
Jayson Toslebe/Iowa Alcohol Beverage Division - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Jayson Tostlebe, Complainant And Concerning: Iowa Alcohol Beverage Division, Respondent |
Case Number: 18FC:0009 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 January 16, 2018, Jayson Tostlebe filed formal complaint 18FC:0009 concerning the Iowa Alcohol Beverage Division (ABD). He alleged that the ABD violated Iowa Code chapter 22 by failing to release certain records he had requested and by quoting costs for the records that he believed were excessive.
He filed a request for “various Google chats” on October 1, 2017. On October 12, 2017, the ABD indicated that the search for these chats could take up to two months. On November 27, 2017, the ABD indicated that the records could be produced and requested payment of the costs associated with the search prior to release of the records.
Parties continued to engage in an email conversation concerning the formatting of the records and the costs associated with the retrieval and release. This record request requires a different process for retrieval because of the Google chat format. The costs initially quoted totaled $590.00.
The ABD did not agree that the costs quoted were improper, but was willing to work on a resolution that both parties could accept. The parties agreed to a fee of $350.00, the cost associated with the staff time involved with retrieving and reviewing the requested records. The records were provided electronically, saving those expenses.
Upon receipt of the agreed fees, the records were provided to Mr. Tostlebe, resolving this complaint.
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. While this complaint may meet those requirements, it has been successfully resolved. Therefore, it is appropriate to dismiss this complaint as resolved.
IT IS SO ORDERED: Formal complaint 18FC:0009 is dismissed as resolved.
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 Order on April 19, 2018. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson, J.D.
Dated this _____ day of _______, 2018.
Cc: Jayson Tostlebe
John Lundquist, counsel for ABD