Date:
03/21/2019
Subject:
Courtney French/Iowa Department of Human Services - Final Report and Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Courtney French, Complainant And Concerning: Iowa Department of Human Services, Respondent |
Case Number: 18FC:0036 Final Order |
THIS MATTER comes before the Iowa Public Information Board (IPIB) for review of compliance on the informal resolution.
The IPIB finds that the terms of the Informal Resolution have been completed.
IT IS THEREFORE ORDERED that this complaint is dismissed as successfully resolved by informal resolution.
So ordered this 21st day of March, 2019.
__________________________________________
IPIB Chair
Cc: Courtney French
Matt Highland, DHS
Paul Burns
Jennifer De Kock, legal counsel for the De Jongs
Before the Iowa Public Information Board
|
In re the Matter of: Courtney French, Complainant And Concerning: Iowa Department of Human Services, Respondent |
Case Number: 18FC:0036 Final Report |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and requests that the IPIB dismiss this formal complaint as successfully resolved through an informal resolution.
On May 16, 2018, Courtney French filed a formal complaint against the Iowa Department of Human Services (DHS) alleging a violation of Iowa Code chapter 22. She alleged that DHS refused to release a public record requested by Jason Clayworth, a reporter for the Des Moines Register.
As part of the complaint, Ms. French included correspondence between Mr. Clayworth and DHS. Mr. Clayworth submitted his request to DHS on January 18, 2018, requesting a copy of a settlement document between a person receiving DHS services through a contracted private provider (Amerigroup) and the State of Iowa.
DHS responded by email on February 21, 2018, stating: “I think you’re aware that the settlement agreement is confidential.” The parties continued to communicate for the next month. At one point, DHS stated that the agency had no objection to the release of the settlement, but did not possess it.
On March 21, 2018, DHS sent a letter on DHS letterhead to Mr. Clayworth, stating that the reason for the denial of the record request is that “DHS was not a party to the agreement and was not provided with a copy of the settlement.” DHS also stated that it “does not have an obligation to request documents on (Mr. Clayworth’s) behalf.”
DHS also noted that the agreement could contain confidential personal and medical information that might need to be redacted.
The IPIB accepted this formal complaint on June 21, 2018, and directed IPIB staff to work with the parties to reach on informal resolution. The parties reached an informal resolution, which was reviewed and approved by the IPIB on February 21, 2019.
The informal resolution provided for the release of the settlement agreement at issue to DHS within five days of the approval of the resolution by the IPIB. DHS would then provide the agreement to Ms. French within five days.
The parties agreed to certain redactions to protect the personal and medical information of the family whose medical care was the subject of the settlement agreement.
The terms of this informal resolution required completion within 10 days of acceptance by all parties. Upon the showing proof of compliance, the IPIB agreed to dismiss this complaint as successfully resolved.
The settlement agreement was released by the attorney for Amerigroup to DHS. It was then forwarded to Ms. French. This release was completed on March 1, 2019, within the 10 day requirement.
Therefore, it is recommended that the IPIB dismiss this complaint as successfully resolved through informal resolution.
By the IPIB Executive Director
_________________________________
Margaret E. Johnson, J.D.
Dated this ____ day of March, 2019.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of March, 2019, to:
Courtney French
Matt Highland, DHS
Paul Burns, legal counsel for Amerigroup
Jennifer De Kock, legal counsel for the De Jongs