Date:
06/21/2018
Subject:
Margaret Clark/City of Des Moines - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Margaret Clark, Complainant And Concerning: City of Des Moines, Respondent |
Case Number: 18FC:0030 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On April 15, 2018, Margaret Clark filed this formal complaint against the City of Des Moines (City) alleging that the City had violated Iowa Code chapter 22 by quoting a fee for record retrieval that violated Iowa Code chapter 22.
In particular she stated that on April 11, 2018, she requested the “addresses of all such vacant houses in the City of Des Moines - homes without rental certificates (they at one point had rental certificates) that are being monitored by NID.”
NID is the Neighborhood Inspection Division. NID inspectors are sometimes tasked with inspecting certain vacant houses that no longer have a rental certificate, according to her complaint.
The City responded to Ms. Clark that same day. The response noted that the City does not have this record, but could review other records and create the record she requested. “However, a manual search of other data can be performed and information compiled at a cost to you, the requestor.” The cost quoted was $1,640.08, of which half of the amount was required before the record would be created.
The City noted that the time involved to create the record was estimated to be 38 hours, at a cost of $43.16 per hour. In addition, the City stated that the computer program used by the City could not create the record automatically. Instead, a city employee would need to review each computer entry to find the information that met the parameters of Ms. Clark’s request. The city employees capable of reviewing computer entries, determining applicability, and preparing the record are paid $43.16 per hour.
Ms. Clark questioned the use of a computer program that did not access information and create the records she wanted. However, she did modify her request for records that would take less time to retrieve. With this modification, the City anticipated that the new request could be completed in two hours, at a cost of $84.20. Ms. Clark does not want to pay this amount. She believes that the computer program can create the records in less time, or another, lower-paid employee can retrieve the records.
Iowa Code section 22.3(1) does allow a government body to require “receipt of payment of expenses to be incurred in fulfilling the request” prior to fulfillment of the request. Section 22.3(2) allows the custodian to “charge a reasonable fee for the services of the lawful custodian or the custodian’s authorized designee in supervising the examination and copying of the records.”
Such fees are to be based upon the “actual costs” of fulfilling the record request. Chapter 22 does not require that the government body acquire equipment to fulfill every possible record request. If a government body does not collect and input certain data, then that body is unable to access a record incorporating that data.
Chapter 22 does not require a government body to create a record that is not maintained by the government body in this situation.
In the original complaint, Ms. Clark also requested the answers to a list of questions she submitted. The City has answered the questions, although Ms. Clark disputes the answers. This is not a record request.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint does not meet all those requirements.
IT IS SO ORDERED: Formal complaint 18FC:0030 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 Order on June 21, 2018. 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, J.D.
Dated this ____ day of June, 2018.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of June, 2018, to:
Margaret Clark
Carol Moser, legal counsel for the City of Des Moines