Date:
09/20/2018
Subject:
Linn Snell/City of Elberon - Acceptance Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Linn Snell, Complainant And Concerning: City of Elberon, Respondent |
Case Number: 18FC:0072 Acceptance Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.
Linn Snell filed formal complaint 18FC:0072 on August 27, 2018, alleging that the City of Elberon (City) violated Chapter 22 of the Iowa Code (public records), by failing to properly respond to his request for public records.
Mr. Snell serves as a city councilperson for the City. On July 1, 2018, he submitted an open records request to the city clerk by using the community “drop box”. He requested a copy of city ordinance #19 and a copy of a water tower loan. He indicated that he had requested these documents at a city council meeting earlier and had not received them.
The city clerk initially replied that she had not fulfilled his record request. On September 5, 2018, she notified IPIB staff that the loan agreement had been provided at the council meeting on September 4, 2018, and the ordinance mailed to Mr. Snell on September 5, 2018.
There was a delay of more than 60 days in responding to a relatively simple record request. In addition, the records were only provided after the complaint was filed. There does not appear to be a justifiable reason for the delay.
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 meets those requirements.
IT IS SO ORDERED: Formal complaint 18FC:0072 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). Parties are directed to engage in reaching an informal resolution, with the assistance of IPIB staff, pursuant to Iowa Code section 23.9.
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:
Linn Snell
City of Elberon