Date:
06/21/2018
Subject:
Daniel Greenwell/Sioux City Community School District - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Daniel Greenwell, Complainant And Concerning: Sioux City Community School District, Respondent |
Case Number: 18FC:0037 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Daniel Greenwell filed formal complaint 18FC:0037 on May 17, 2018, alleging that the Sioux City Community School District School District (District) violated Chapter 22 of the Iowa Code (public records) by not providing a dissertation written by the District superintendent while he was in graduate school.
The District superintendent referenced his dissertation during an open meeting on March 12, 2018. Following that meeting, Mr. Greenwell requested a copy of the dissertation from the District. The District responded that it did not have a copy of the dissertation and could not produce a copy for Mr. Greenwell.
Mr. Greenwell also asked the superintendent for a copy and did not receive a copy from him. Mr. Greenwell claims this is a violation of Iowa Code chapter 25 (Claims Against the State and By the State, although Mr. Greenwell believes this chapter addresses the Code of Professional Conduct and Ethics, chapter 68B).
Maureen Heffernan, legal counsel to the Board, responded to his complaint, stating that the District does not have a copy of the requested document. The dissertation is not a government record as defined in Iowa Code section 22.1(3)(a):
“Public records” includes all records, documents, tape, or other information, stored or preserved in any medium, of or belonging to this state or any county, city, township, school corporation, political subdivision, nonprofit corporation other than a fair conducting a fair event as provided in chapter 174, whose facilities or indebtedness are supported in whole or in part with property tax revenue and which is licensed to conduct pari-mutuel wagering pursuant to chapter 99D, or tax-supported district in this state, or any branch, department, board, bureau, commission, council, or committee of any of the foregoing.
Counsel for the Board is correct in her response to the alleged violation. The requested document does not belong to the District.
The IPIB does not have jurisdiction over alleged violations of chapter 25 or 68B.
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 those requirements.
IT IS SO ORDERED: Formal complaint 18FC:0037 is dismissed as legally insufficient and without merit 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.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of June, 2018, to:
Daniel Greenwell
Maureen Heffernan, attorney for the Sioux City Community School District