Date:
01/28/2019
Subject:
Patrick Durkee/Iowa Department of Human Services - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Patrick Durkee, Complainant And Concerning: Iowa Department of Human Services (DHS), Respondent |
Case Number: 18FC:0113
Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:
On December 4, 2018, Patrick Durkee filed formal complaint 18FC:0113 against the Iowa Department of Human Services (DHS). He alleged that DHS violated Iowa Code chapters 22.
Mr. Durkee alleged in his complaint that he submitted a record request on November 5, 2018, that was denied on November 20, 2018. In his complaint, he stated he requested “the source data for the CSRU presentation which Carol Eaton gave in January 2018.”
In the complaint, he stated that DHS responded that the data was maintained in another computer system. Mr. Durkee then filed an additional complaint with the IPIB on December 7, 2018. He alleged that DHS responded on December 5, 2018, stating that the requested data could be released, but that the actual costs to retrieve the data would be $175. DHS requested that the funds be paid prior to retrieving the data. Mr. Durkee indicated that he would not pay for the data prior to receiving it.
DHS provided a copy of the response sent to Mr. Durkee on November 20, 2018. The response requested additional information from Mr. Durkee prior to going forward with the record request. DHS also provided a summary of the email exchanges between Mr. Durkee and Matt Highland, Public Information Officer for DHS, between November 5 and December 5, 2018.
IPIB staff reviewed the proposed costs associated with retrieving the requested records and found them to be compliant with state law. Mr. Durkee stated that he would not make payments for the records until received.
Iowa Code section 22.3(1) allows a government body to request payment of the estimated costs for fulfilling a record request prior to fulfilling the request:
“...Fulfillment of a request for a copy of a public record may be contingent upon receipt of payment of expenses to be incurred in fulfilling the request and such estimated expenses shall be communicated to the requester upon receipt of the request. The lawful custodian may adopt and enforce reasonable rules regarding the examination and copying of the records and the protection of the records against damage or disorganization….”
DHS indicated that the data request requires staff in DHS fiscal division to run reports from the data warehouse separately for each year requested. Once that is done, the data will then need to be reformatted and reviewed. This process is estimated to take eight hours to complete.
The email conversations indicate that DHS communicated with Mr. Durkee to attempt to reach a resolution of his data request.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. This complaint does not fulfill those requirements.
IT IS SO ORDERED: Formal complaint 18FC:0113 is dismissed as legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
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 January 28, 2019. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson, J.D.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of January, 2019, to:
Patrick Durkee
Matt Highland, DHS