18FC:0102 Alex Yakobson/Ames Community School District - Acceptance Order

Date:
12/13/2018

Subject:
Alex Yakobson/Ames Community School District - Acceptance Order

Opinion:

The Iowa Public Information Board

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

Alex Yakobson filed formal complaint 18FC:0102 on October 29, 2018.  He alleged that the Ames Community School District (District) violated Iowa Code chapter 22 by failing to release records he requested.

He requested several records on October 23, 2018, including the video of an incident occurring October 12 or 13, the identity of the individual who took a photograph used by the District, information about student testing, and information on safety services providers.

A school representative told him that he would need to make his record requests using specified forms before the District would respond.  Counsel for the District also advised the IPIB that the District has a prescribed process for record requests that Mr. Yakobson had not followed.

Iowa Code section 22.3 states:

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.

A record request cannot be denied for failure to utilize a specific form.

Mr. Yakobson is not a native English speaker, and there may be some communication issues involved with his complaint.  Upon accepting this complaint, the IPIB can also assist with a resolution of the communication issues.

Some of the records requested may not exist or may be confidential.  At this time, it is difficult to determine which records can be rightfully withheld and which are not being released merely for the reason of not using the District form.

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:0102 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 December 13, 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 December, 2018, to:

Alex Yakobson

Katherine Beenken, legal counsel