Date:
07/19/2018
Subject:
Patricia Huseman/University of Iowa - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Patricia Huseman, Complainant And Concerning: University of Iowa, Respondent |
Case Number: 18FC:0046 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.
On June 8, 2018, Patricia Huseman filed this formal complaint against the University of Iowa (UI) alleging a violation of Iowa Code chapter 22. She alleged that UI refused to provide copies of certain public records she requested on April 30, 2018.
Her complaint states: “Originally, when submitting my FOIA request on April 30, 2018, I was told by the Office Transparency that each person named in my FOIA request had ten days to submit their results to the transparency office. I was then told by Office of Transparency that Anne Williamson was asking for me to change the search parameters and Richard Williamson DDS was non-compliant with providing his results within that ten day time frame. Some additional email communication changes/updates were discussed with the Office of Transparency via telephone, on May 21, 2018. On May 24, 2018, I was told that all requested information was received and I received an email invoice for cost of reviewing the submitted records, which was estimated to be 7.5 hours total. I paid the invoice the very same day.”
On June 11, 2018, the Transparency Officer for UI notified the IPIB that the complaint was forwarded to UI general counsel and that the records were still being reviewed as “this involves more than a thousand responsive records….”
The Transparency Officer continued to communicate with Ms. Huseman concerning the processing of the request during the month of June. The emails were forwarded to UI legal counsel for review.
On June 29, 2018, legal counsel reported that Richard Williamson had provided over 400 additional emails that were being reviewed for compliance. He noted that the responsive documents would be provided “very soon.”
As of July 10, 2018, legal counsel had not reviewed the collected emails. The reason for the delay was attributed to other prior assignments that needed to be completed first. He again promised that the records would be released that week.
The records were released on July 11, 2018.
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.
Although the records were released, the time delay was not explained. UI should prioritize the review of records to avoid the delay that occurred in this case. If such delays continue in the future, it may be appropriate to accept future complaints. The IPIB also recommends that responsive records be released as they are made available, unless the requestor prefers to wait until all are available.
IT IS SO ORDERED: Since the records have been released, this complaint is now moot. Formal complaint 18FC:0046 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 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:
Patricia Huseman
Nathan Levine, UI legal counsel