18FC:0105 Katie Bjerke/City of Cedar Falls Fire Department - Acceptance Order

Date:
12/13/2018

Subject:
Katie Bjerke/City of Cedar Falls Fire Department - 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.

Katie Bjerke filed formal complaint 18FC:0105 on November 6, 2018.  She alleged that the City of Cedar Falls Fire Department (Department) violated Iowa Code chapter 22 by failing to release records she requested.

On October 16, 2018, Ms. Bjerke requested the records of all incidents to which the Department responded to on specific dates.  Most of the records requested were released. Records from one date were partially released. Counsel for the Department withheld the notes and reports from one Department employee due to concerns that the records could be inaccurate.  This employee was also under disciplinary review and later resigned.

Counsel for the Department is willing to release the disputed records if the IPIB reviews the records and recommends release as part of a written informal resolution.  The Department is concerned that the City of Cedar Falls could face civil liability for a voluntary release. The Department also is requesting that the IPIB consider these records as confidential under Iowa Code section 23.6(6) until a written resolution is approved.

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:0105 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:

Katie Bjerke

Kevin Rogers, legal counsel for the City of Cedar Falls