Date:
07/18/2019
Subject:
Heidi Breitsprecker/Delaware Township Fire District - Final Order
Opinion:
The Iowa Public Information Board
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In the Matter of: Heidi Breitsprecker, Complainant. and Concerning: Delaware Township Fire District, Respondent |
Case Number: 18FC:0116 Final Order
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This matter comes before the Iowa Public Information Board (IPIB) this 18th day of July, 2019, to consider an Informal Resolution Report.
The IPIB accepted the complaint against Delaware Township Fire District on the 28th day of January, 2019. Pursuant to Iowa Code section 23.9, the parties negotiated and reached an Informal Resolution which the IPIB approved on May 16, 2019. It provided that the complaint would be dismissed upon completion of terms.
The IPIB finds that the parties have successfully completed the informal resolution. However, there is a dispute about why the Respondent does not possess or did not provide numerous documents related to firefighter certification training.
____________________________
IPIB Chair
CERTIFICATE OF SERVICE
This document was sent by electronic mail on the ______ day of July, 2019, to:
Heidi Breitsprecker, Complainant
Nicholas Bailey, Counsel for Respondent
Before the Iowa Public Information Board
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In the Matter of: Heidi Breitsprecker, Complainant. and Concerning: Delaware Township Fire District, Respondent |
Case Number: 18FC:0116 Informal Resolution Compliance Report
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COMES NOW Amanda T. Adams, Legal Counsel for the Iowa Public Information Board (IPIB), and submits this Report recommending dismissal of the case due to completion of the Informal Resolution.
On December 12, 2018, Ms. Breitsprecker filed a formal complaint against Delaware Township Fire District (DTFD), alleging a violation of Iowa Code Chapter 22. The complaint alleged that the DTFD violated Chapter 22 of the Iowa Code by failing to produce various written records of training and firefighters. The township requested a fee.
The IPIB accepted this complaint on January 28, 2019. Pursuant to Iowa Code section 23.9, the parties negotiated and reached an informal resolution, which the board approved on May 16, 2019.
The terms of the resolution included:
- The DTFD will provide Ms. Breitsprecker with electronic copies on an electronic storage device of the materials she requested in her amended request on November 13, 2018, with redactions of personal information, including dates of birth, social security numbers, patient dates of birth and social security numbers, and any other information that must be redacted per HIPAA.
- The DTFD will provide Ms. Breitsprecker with a copy of her own personnel file with no redactions at no charge.
- The DTFD stipulates that the Meeting Agendas, Meeting Minutes, and Resolutions are not confidential. Ms. Breitsprecker may view them while paying for the clerk’s time at $16.00 per hour which may include copying of documents. She may also take photos on her cell phone of the documents at no charge.
The DTFD and Ms. Breitsprecker viewed the meeting agendas, meeting minutes, and resolutions on May 31, 2019, and copies of her personnel file and the electronic storage device with the relevant materials pursuant to terms 1 and 2 above on June 6, 2019.
Ms. Breitsprecker complained that she did not receive a number of items in her revised November 13, 2018, request. IPIB was provided copies of all documents submitted to Ms. Breitsprecker. Both sides were in agreement she viewed the meeting agendas, meeting minutes and resolutions while paying for the clerk’s time. It is not disputed Ms. Breitsprecker received her own personnel record, which is not a public record which was eighty eight (88) pages long. Ms. Breitsprecker received twenty two (22) separate files of public records containing four hundred twenty seven (427) pages of documents. In addition, on June 22, 2019, Mr. Bailey provided more than thirty (30) copies of American Heart Association CPR training records requested by Ms. Breitsprecker.
The items Ms. Breitsprecker did not receive include certain rosters certifying personnel attended CPR training for certain time periods, certain records of sign in sheets for attendance of certain maintenance periods, sign in sheets for certain time periods of truck maintenance, and rosters for certain months of special events. Mr. Bailey said that the DTFD did not have certain records Ms. Breitsprecker requested, but provided what DTFD had. Chapter 22 only requires government bodies to produce records in their possession which exist, and does not govern records retention requirements.
The terms of the parties’ agreement have been completed. I recommend that the IPIB dismiss this complaint as successfully resolved.
Respectfully submitted,
Amanda T. Adams,
IPIB Legal Counsel
CERTIFICATE OF MAILING
This document was sent by electronic and/or regular mail on the ______day of June, 2019, to:
Heidi Breitsprecker (email)
Nicholas Bailey (email)