Date:
10/18/2018
Subject:
James Coppoc/Iowa Workforce Development - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: James Coppoc, Complainant And Concerning: Iowa Workforce Development, Respondent |
Case Number: 18FC:0070 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
James Coppoc filed formal complaint 18FC:0070 on August 17, 2018, alleging that the Iowa Workforce Development (IWD) violated Iowa Code chapter 22.
Mr. Coppoc claimed that he filed an open records request on July 3, 2018, “regarding ‘records’ they had referenced in a fact-finding decision” cited in a decision issued by an administrative law judge on June 27, 2018. He claimed the records were necessary for his appeal of that decision.
This request received no response, so he continued to request the records, including requesting the issuance of a subpoena. He also disputes the fee required to produce a transcript of his hearing.
An administrative law judge denied his record requests in the order denying his appeal. The order concerning his appeal cites Iowa Code section 96.6(1) and Iowa Administrative Code 871-24.21(1)(g) which outline the procedures for filing claims for unemployment insurance. The administrative law judge denied his subpoena for the requested records in a separate order.
Counsel for IWD responded to the complaint on August 28, 2018. In the response, counsel noted that “fact-finding documents are not public records.” Counsel stated that pursuant to Iowa Code section 96.11(6), claimant and business records and information provided to the IWD are confidential. (See attachment)
Iowa Code section 96.11(6)(f) states the violation of this subsection is a serious misdemeanor.
The IPIB defers to the IWD’s interpretation of Iowa Code section 96.11(6) and finds that the records and information are not subject to release as public records under Iowa Code Chapter 22.
In addition, the Iowa Code chapter 17A outlines the procedure to be followed to appeal or seek court review of a final administrative order. The IPIB does not have statutory authority to overrule an administrative law decision.
IWD counsel also noted that Mr. Copoc received the audio recording on August 24, 2018, and was not assessed a fee.
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 all of those requirements.
IT IS SO ORDERED: Formal complaint 18FC:0070 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 October 18, 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 October, 2018, to:
James Coppoc
Nicholas Olivencia, legal counsel for Iowa Workforce Development