Date:
11/15/2018
Subject:
Al Winters/Michell County Board of Supervisors - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Al Winters, Complainant And Concerning: Mitchell County Board of Supervisors, Respondent |
Case Number: 18FC:0097 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Al Winters filed complaint 18FC:0097 with the IPIB on October 17, 2018. He alleged that the Mitchell County Board of Supervisors (Board) violated Iowa Code chapter 22 on October 12, 2018.
He stated in his complaint that one Mitchell County supervisor is also a member of the North Central Iowa Regional Economic and Port Authority (Authority) and serves as secretary. In this role, the supervisor maintains copies of Authority records on his personal computer. Mr. Winters filed a request for Authority records with the Mitchell County Board of Supervisors and the Authority in the same request.
Mr. Winters also requested that the IPIB consider “gathering all other public information that may be stored on his personal computer and secure that information for the benefit of county citizens and protection of county property.”
The Authority has members separate from the Board. The Mitchell County Board of Supervisors does not have any authority to decide how the Authority maintains its records. The Board is not the lawful custodian of the Authority’s records.
Mr. Winters included a copy of a letter he received on October 17, 2108, from the secretary of the Authority, that denied his request for a report that the Authority considers a draft report. The letter also requires that Mr. Winters deposit funds to pay the costs with his other record requests before the Authority proceeds with fulfilling that request.
The Mitchell County attorney responded to the complaint. He stated he was not the legal council for the Authority. He also stated that the Board does not have the requested records and is not the lawful custodian for these records.
He stated that as far as he knew the Authority considered the report to still be in its draft stages and had not, to his knowledge, been finalized or released. He stated that once the Board received this report, it would be considered by the Board to be a public record.
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. Since the Board is not the lawful custodian of the records and does not have access to the records, his complaint does not meet those requirements.
Mr. Winters may have a viable complaint against the Authority for its failure to release the report he requested. The IPIB would have jurisdiction over such a complaint if filed before December 16, 2018.
IT IS SO ORDERED: Formal complaint 18FC:0097 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 November 15, 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 November, 2018, to:
Al Winters
Mitchell County Board of Supervisors, Mark Walk, county attorney