Date:
09/20/2018
Subject:
John Ralls/City of Martensdale - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: John Ralls, Complainant And Concerning: City of Martensdale, Respondent |
Case Number: 18FC:0040 Order for Dismissal |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Order for Dismissal.
John Ralls filed complaint 18FC:0040 with the IPIB on May 28, 2018. He alleged that the City of Martensdale (City) violated Iowa Code chapter 22 by withholding certain records he requested.
On May 29, 2018, the complaint was acknowledged as filed. Mr. Ralls was asked to provide a copy of the records request he submitted and the response received.
Mr. Ralls filed a records request with the mayor of Martensdale on May 8, 2018. In his request he asked for the following:
1. A complete roster of all individuals utilizing ten campsites at a convention in Waverly using municipal funds.
2. A complete list of all certified training to be completed “at the convention.”
3. Verification of training from the 2017 convention in Forrest City.
4. A letter or written guidelines banning alcohol use at the lodging funded by the City.
5. A complete inventory of all City equipment to be used at the convention.
6. A written plan to provide fire coverage to Martensdale during the convention.
On July 13, 2018, the City supplied copies of all records released to Mr. Ralls. Copies were also provided to the IPIB. Included in the release were copies of January 2018 fuel receipts, a list of the individuals attending the convention (#1, above), website information about the training rules from 2016 (#2, above), and a list of member groups belonging to the Iowa Firefighters Association.
Mr. Ralls disputed the accuracy of the records released. On July 17, 2108, the City compiled and released the information for number ‘5’ above, along with additional information about who would attend the convention. The parties then arranged a meeting to discuss other record requests.
On August 12, 2018, Mr. Ralls wrote that the meeting was held, but did not resolve his record request. The City asked the IPIB to facilitate the exchange of the records at the IPIB office.
The City attorney provided a detailed response to the six items requested in the May record request. Numbers 1, 2, and 5 were previously provided, even though the convention was privately funded and not funded by the City. Item #4 does not exist. In response to item #6, the only coverage agreement in existence is an expired 28E agreement. The City believed that item number 3 had been previously provided.
A meeting between Mr. Ralls and IPIB staff was scheduled for September 7, 2018, at the IPIB offices. Mr. Ralls attended with a City councilperson and Representative Bruce Hunter. The City provided copies of all records that could be responsive to his May 8, 2018, request. These records were copied and provided to Mr. Ralls and sent electronically.
At issue remained the copies of certificates from the 2017 convention training. The City fire chief told Mr. Ralls at an earlier date that those records were in the possession of the state auditor as part of the audit review of the City. IPIB staff confirmed that the state auditor does not have these records. The City does not know where the records are or if they still exist.
With the release of all the records that exist or can be located, there is nothing further that the IPIB could do by accepting this complaint. There may be a number of issues concerning use of City funds, the expired 28E agreement, record retention and cataloguing, adequacy of city employees’ performance, and other issues of government competency that may be addressed in the state audit or should be addressed by the City, that are beyond the jurisdiction of the IPIB.
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:0040 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 September 20, 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 September, 2018, to:
John Ralls
John Judisch, counsel for the City of Martensdale