Date:
07/19/2018
Subject:
Charles Vandenberg/Fort Madison Community School District - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Charles Vandenberg, Complainant And Concerning: Fort Madison Community School District, Respondent |
Case Number: 18FC:0052 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On June 18, 2018, Charles Vandenberg filed this formal complaint against the Fort Madison Community School District (District) alleging a violation of Iowa Code chapter 22. He alleged that the District refused to provide a record he requested.
On December 13, 2017, Mr. Vandenberg requested a copy of a video acquired by the District concerning a school assembly on December 13, 2017, at the District Middle School. Specifically, he requested a copy of the recording that showed the school principal “dressed as a banana and engaged with students in front of the student body at an assembly….”
Mr. Vandenberg provided a copy of this request, as well as a March 2, 2018, letter referencing an appeal of a denial of his request that he received by email on February 13, 2018. Mr. Vandenberg’s letter stated that the February 13, 2018, denial stated that the recording he sought was “confidential under Iowa Code section 22.7(11) because it is personal information in confidential personnel records relating to a District employee.”
The District initially responded to the complaint by providing justification for the determination that the record was confidential pursuant to Iowa Code section 22.7(11), concerning personal information in personnel records.
Following this response, Mr. Vandenberg expanded his complaint to state that his record request was initially filed on December 13, 2017, and denied on February 13, 2018. On March 2, 2018, he filed what he categorizes as an appeal of the denial with the District. This appeal was denied on May 11, 2018, according to his complaint.
The District filed a subsequent response on July 10, 2018, responding to both the original complaint and the addendum. This response stated that the complaint is beyond the jurisdiction of the IPIB as it was filed more than 60 days after the initial denial of the record request. The District notes that Iowa Code section 23.7(1) specifically limits IPIB to 60 days “from the time the alleged violation occurred….”
Both parties provided legal argument and statements as to the applicability of Iowa Code section 22.7(11) in denying release of the record.
Iowa Code chapter 23 established the IPIB and provided the jurisdiction and authority of the IPIB. The Iowa Legislature, in enacting this chapter, limited IPIB jurisdiction to enforcement and review of Iowa Code chapters 21 (open meetings) and 22 (public records). In addition, the statutory limitation of 60 days further restricts IPIB jurisdiction over review of matters concerning chapters 21 and 22.
Iowa Code chapter 22 does not provide or require an appeal process of a denial of a record request through the denying agency. Chapter 23 does not provide any jurisdictional exceptions to allow for an appeal of a record request denial when calculating the 60 day filing requirement.
Mr. Vandenberg requested that the IPIB issue an opinion on the substantive issue of whether the requested record is a confidential personnel record. This can be reviewed by the IPIB as a request for an advisory opinion even with the dismissal of the formal complaint.
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.
IT IS SO ORDERED: Formal complaint 18FC:0039 is dismissed as beyond the jurisdiction of the IPIB 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:
Charles Vandenberg
Emily Ellingson, legal counsel for Fort Madison Community School District