Date:
01/28/2019
Subject:
Katie Bjerke/City of Cedar Falls Fire Department - Report
Opinion:
Before the Iowa Public Information Board
In the Matter of:
Katie Bjerke, Complainant Case Number: 18 FC: 0105
And Concerning: Report
City of Cedar Falls, Respondent.
COMES NOW Amanda T. Adams, Legal Counsel for the Iowa Public Information Board (IPIB),
and submits this Report recommending acceptance of the proposed informal resolution.
On November 6, 2018, Katie Bjerke filed a formal complaint against the City of Cedar Falls
(City) alleging a violation of Iowa Code Chapter 22. The complainant alleged that the City
violated Chapter 22 of the Iowa Code by failing to produce records of fire department calls and
reports for specific dates.
During the process, while the City Attorney, Kevin Rogers, did turn over most of the records
from the requested dates of Monday, July 16, 2018, and Monday, September 10, 2018, there was
one set of notes from September 10, 2018, which the City failed to produce. The City was
concerned that the notes contained allegedly false information written by a former employee
against whom, at the time, a disciplinary investigation was pending prior to his resignation. The
City argued it might be a confidential personnel record under Iowa Code Β§ 22.7(11).
The Iowa Public Information Board (IPIB) accepted the formal complaint on December 13,
2018. Pursuant to Iowa Code 23.9, the parties negotiated and reached an informal resolution.
The parties signed an agreement agreeing to the following terms.
1. The City will turn over the notes in question from September 10, 2018, from Captain Lux
to the Iowa Public Information Board staff confidentially pursuant to the provisions in
Iowa Code Β§ 23.6(6).
2. The IPIB will review the notes from Captain Lux upon the IPIB and the partiesβ
acceptance of this Informal Resolution.
3. IPIB staff will make an informal recommendation on whether it agrees if the notes are
confidential under Chapter 22.7 (11) as a personnel record, or if said notes constitute a
public record.
4. If the IPIB staff determines the notes are public records under Chapter 22, then the City
will release the notes to Ms. Bjerke.
5. If the IPIB staff determines the notes of Captain Lux from September 10, 2018, are not
public records, then Ms. Bjerke will withdraw her complaint.
The terms of this informal resolution will be completed within 60 days of acceptance by all
parties. Upon showing proof of compliance, the IPIB shall dismiss the complaint as successfully
resolved.
Therefore, it is recommended 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.
By the IPIB Legal Counsel.
___________________________
Amanda T. Adams, J.D.
Dated this _______ day of January, 2019.
CERTIFICATE OF SERVICE
This document was sent by electronic and/or regular mail on the _______ day of January, 2019, to:
Katie Bjerke (email)
Kevin Rogers (City Attorney for Marquess, Iowa)
Before the Iowa Public Information Board
In the Matter of:
Katie Bjerke, Complainant Case Number: 18FC:0105
And Concerning: Acceptance of Informal Resolution Order
City of Cedar Falls, Respondent.
This matter comes before the Iowa Public Information Board (IPIB) this 28th day of January,
2019, to consider Acceptance of an Informal Resolution.
The IPIB accepted the complaint against the City of Cedar Falls on December 13, 2018, and the
parties reached an Informal Resolution Agreement on December 27, 2018, when both parties
signed a written proposal.
The Board has reviewed the settlement proposal and approves it pursuant to Iowa Administrative
Rule 497-2.4 (3).
A review will take place in sixty (60) days from the date of approval. If the terms of the
Informal Resolution have been completed, the IPIB will dismiss the complaint.
_______________________________
IPIB Chair
CERTIFICATE OF SERVICE
This document was sent by electronic mail on the _________ day of ___________, 2019, to:
Katie Bjerke, Complainant
Kevin Rogers, Counsel for the City of Cedar Falls