Date:
02/21/2019
Subject:
Alex Yakobson/Ames Community School District - Informal Resolution
Opinion:
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 Report
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COMES NOW Legal Counsel for the Iowa Public Information Board (IPIB) and brings forward this Report and Proposed Recommendation.
On October 29, 2018, Alex Yakobson made several open records complaints against the Ames School District, alleging a violation of Iowa Code Chapter 22. The Complainant alleged the School District violated the Open Records act by refusing to release a photo and other items of information, including, among other things, a school bus video.
The School District asserted numerous defenses, saying that allegations were unclear, and there were no public records responsive to various requests. The School District has revealed that another parent, whom the School District wishes to remain anonymous under Iowa Code Section 22.7 (18), provided the photo of Mr. Yakobson to the School Board President.
Mr. Yakobson acknowledges that the School District has responded that there are no records responsive to his request for information about the name of a person to offer a second opinion on a test taken by his son.
The Iowa Public Information Board (IPIB) accepted Mr. Yakobson’s formal complaint on December 13, 2018. Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution on or about January 31, 2019.
The parties agreed that Alex Yakobson would choose one or more specific dates and times, at a specified date and time, at a specified place in the School District to watch the school bus videos in question, that Mr. Yakobson will direct further open records requests to Chris Stensland, who is a School Administrator, that Mr. Yakobson and the District both acknowledge there are no costs associated with the requests, that there are no open records responsive to his request for a second opinion about a test, and that the School District will not deny an open records request because Mr. Yakobson did not use specified district forms.
Legal Counsel recommends that the IPIB approve the informal resolution, allow the IPIB Chair to sign the informal resolution on behalf of the IPIB, and set this matter for compliance review by the IPIB in 60 days.
Respectfully Submitted this _____ day of February, 2019:
________________________________
Amanda T. Adams, J.D.
CERTIFICATE OF SERVICE
This document was sent by electronic mail on the ___________ day of _________________, to:
Alex Yakobson, Complainant
Kathryn Beenken, Attorney for District
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 Order
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THIS MATTER comes before the Iowa Public Information Board (IPIB) for acceptance of the informal resolution.
The IPIB finds that the terms of the Informal Resolution are appropriate.
IT IS THEREFORE ORDERED that the informal resolution is approved and that the IPIB chair shall sign the informal resolution. Verification of the completion of the terms is due to the IPIB by April 21, 2019.
SO ORDERED this 21st day of February, 2019.
_________________________________
IPIB chair
Cc: Alex Yakobson
Katherine Beenken, council for Ames Community School District