18FC:0099 Jonathan Miner/Black Hawk County Board of Supervisors - Dismissal Order

Date:
11/15/2018

Subject:
Jonathan Miner/Black Hawk County Board of Supervisors - 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 Order to Dismiss.

Jonathan Miner filed complaint 18FC:0099 with the IPIB on October 25, 2018.  He alleged that the Black Hawk County Board of Supervisors (Board) violated Iowa Code chapter 22 on October 25, 2018.

He stated in his complaint:  “On 10/23 I requested records from the supervisors office including a copy of the RFP and Awarded Contract.  I received a notification that I am being denied access to inspect or copy the record.”

He was told that because of the litigation he filed against the county, his legal counsel should make the request.

The Board and the county attorney were notified of the complaint on October 26, 2018.  On October 30, 2018, the records were released. The Board, through legal counsel, responded to the IPIB and noted that upon his review, he determined that the litigation was dismissed and that county staff could now interact directly with Mr. Miner.

Iowa Code chapter 22 does not require that a record request be made through legal counsel.  Section 22.3(1) reads in part: “The lawful custodian shall not require the physical presence of a person requesting or receiving a copy of a public record and shall fulfill requests for a copy of a public record received in writing, by telephone, or by electronic means.”

Board counsel released the records upon notification of the denial by county staff within three business days.  County employees have also been advised that they can again have direct contact with Mr. Miner.

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 records have been released, his complaint does not meet those requirements.

IT IS SO ORDERED:  Because the records were released, formal complaint 18FC:0099 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 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:

Jonathan Miner

Pete Burk, County Attorney