18FC:0039 Clark Kauffman/Iowa Finance Authority - Dismissal Order

Date:
07/19/2018

Subject:
Clark Kauffman/Iowa Finance Authority - Dismissal Order

Opinion:

The Iowa Public Information Board

COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.

On May 24, 2018, Clark Kauffman filed this formal complaint against the Iowa Finance Authority (IFA) alleging a violation of Iowa Code chapter 22.  He alleged that IFA refused to provide access to certain public records he requested on May 7, 2018.

His request for access to records stated:  “Also, can you provide me with access to (not copies of) all receipts and expense reports and attachments detailing the discretionary spending by IFA administrators OTHER THAN Mr. Jamison since July 1, 2016?”

Mr. Kauffman forwarded the request to IFA legal counsel on May 10, 2018.  When he did not receive a response to his request, he filed this complaint, seventeen days after his original request.

The IFA responded to Mr. Kauffman on May 25, 2018.  The response stated: “The auditors from Eide Bailey and the state auditors are currently reviewing all accounting documentation to determine if any expenditures fell into this category.  If any expenditures are identified we will provide the supporting documentation.”

On June 4, 2018, the IFA notified the IPIB that the IFA is undergoing two separate audits.  One auditor plans to have a report by mid-August, 2018. The state auditor has not provided a tentative report date.  The IFA also stated “...at this time IFA is not aware of any such records.”

Copies of all receipts are available at IFA for Mr. Kauffman to review.  However, the receipts have not been reviewed and organized or classified so as to allow IFA to isolate the specific records Mr. Kauffman requested.  He has been advised that he can see all the documents provided to the auditors at this time, but must wait until at least August to view the records that have been identified as discretionary spending receipts by auditors.

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.  Since there are records available for inspection, this complaint does not meet those requirements.

IT IS SO ORDERED:  Formal complaint 18FC:0039 is dismissed 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 July 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

_________________________________

Margaret E. Johnson, J.D.

Dated this ____ day of July,  2018.

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of July, 2018, to:

Clark Kauffman

Iowa Finance Authority