Date:
06/20/2019
Subject:
Alex Yakobson/Ames Community School District - Final Report & Order
Opinion:
The Iowa Public Information Board
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In the Matter of: Alex Yakobson, Complainant. and Concerning: Ames Community School District, Respondent |
Case Numbers: 18FC:0102
Informal Resolution Order
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This matter comes before the Iowa Public Information Board (IPIB) this 20th day of June, 2019, to consider an Informal Resolution Report.
The IPIB accepted the complaint against the Ames Community School District on December 13, 2018, and pursuant to Iowa Code section 23.9, the parties negotiated and reached an Informal Resolution which the IPIB approved on February 21, 2019. It provided that the complaint would be dismissed upon completion of terms.
The IPIB finds the terms and conditions of the informal resolution, as extended on May 16, 2019, have been successfully completed. This case is therefore dismissed with satisfactory completion.
____________________________
IPIB Chair
CERTIFICATE OF SERVICE
This document was sent by electronic mail on the ______ day of June, 2019, to:
Alex Yakobson, Complainant
Katherine Beenken, Counsel for Respondent
Before the Iowa Public Information Board
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In the Matter of: Alex Yakobson, Complainant. and Concerning: Ames Community School Dist., Respondent |
Case Number 18FC:0102 Informal Resolution Compliance Report |
COMES NOW Amanda T. Adams, Legal Counsel for the Iowa Public Information Board (IPIB), and submits this Report recommending dismissal for compliance with the terms of the February 21, 2019, Informal Resolution.
On October 29, 2018, Alex Yakobson filed a formal complaint against the Ames Community School District alleging a violation of Iowa Code Chapter 22. The complainant alleged that the District violated Chapter 22 of the Iowa Code by declining to disclose various records.
The School District asserted numerous defenses, saying that allegations were unclear. The school district also said there were no public records responsive to various requests. The school district also argued Mr. Yakobson did not make public records requests because he did not use the proper forms.
The IPIB accepted Mr. Yakobson’s complaint on December 13, 2018. Pursuant to Iowa Code section 23.9, the parties negotiated and reached an informal resolution which the IPIB approved on February 21, 2019. The parties had sixty (60) days to complete the terms.
The parties agreed to the following terms on January 29, 2019:
- Alex Yakobson will chose one or more specific dates and times, at a specified place of the School District offices, mutually agreeable to both parties, to:
- Watch the School bus videos of October 13, 2018, and October 14, 2018, and arrange to have any other interested persons observe at the same date and time in person or electronically;
- Mr. Yakobson selects Chris Stensland for open records requests with the Ames School District who is a School Administrator;
- Mr. Yakobson and the school district acknowledge that there are no costs associated with any of these requests;
- Mr. Yakobson acknowledges the School District has responded that there are no records responsive to his request for information about a name of a person or organization offer a second opinion on a tests or scores made by School District.
- The School District will not deny a request solely because a requester did not use the district’s special forms.
The parties had sixty (60) days to complete the terms. Upon monitoring compliance, both parties agree that Mr. Yakobson has communicated with Ms. Stensland on numerous occasions. Both sides agree he was able to watch the video of the bus incidents on March 6, 2019, and the district made itself available for him to watch more if he so desired.
On May 16, 2019, the Board voted to extend the time for Mr. Yakobson to watch the October 13, 2018 and October 14, 2018 bus videos until June 15, 2019. Since that time, the Ames School District and its legal representatives have made email offers for Mr. Yakobson to view the videos on numerous occasions with specific dates and times.
I recommend that the IPIB dismiss this complaint as successfully resolved.
___________________________
Amanda T. Adams, J.D.
Dated this _______ day of June, 2019.
CERTIFICATE OF SERVICE
This document was sent by electronic and/or regular mail on the _______ day of June, 2019 to:
Alex Yakobson (email)
Katherine Beenken, Counsel for School District (email)