18FC:0083 Douglas Laumbach/City of Battle Creek - Dismissal Order

Date:
10/18/2018

Subject:
Douglas Laumbach/City of Battle Creek - Dismissal Order

Opinion:

The Iowa Public Information Board

COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.

Douglas Laumbach filed formal complaint 18FC:0083 on September 24, 2018, alleging that the City of Battle Creek (City) violated Iowa Code chapter 22.

On September 21, 2018, he requested the names of donors for a signage project in the City.  That same day, he was provided the names of those donors. He then requested the amounts donated by each donor and was told later that same day that the donors had requested that this information not be released.

On October 1, 2018, the city attorney provided a list of the names of the donors and the amount donated.  The attorney also noted that the fund coordinator was not a city employee.

Mr. Laumbach then submitted a concern to the IPIB that the City is not properly maintaining the city cemetery and provided photos of the cemetery.  He claims that cemetery funds were wrongfully diverted to the signage project. He was informed that he might want to present that issue to the state auditor or take other legal action.  

The records at issue were collected and retained by an ad hoc committee.  It is uncertain whether the organization meets the definition of a government body or whether the records would qualify as confidential under Iowa Code section 22.7(52) as donations made to certain qualified community foundations.

Those issues are moot as the City has released the information requested by Mr. Laumbach.

From the date of his initial request to the final disclosure of the donors and donor amounts, six business (10 calendar) days elapsed.  This is within the time allowed by Iowa Code section 22.8(4)(d) to determine whether potentially confidential records can be released. If the delay is attributable to seeking guidance from the city attorney on this issue, Mr. Laumbach was not so informed.

The IPIB recommends that a government body communicate with a record requestor if there will be a delay in responding to a record request.  It does not appear that this occurred.

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:0083 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 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:

Douglas Lambaugh

Peter Goldsmith, city attorney