18FC:0116 Heidi Breitsprecker/Delaware Township Fire District, Polk County - Acceptance Order

Date:
01/28/2019

Subject:
Heidi Breitsprecker/Delaware Township Fire District, Polk County - 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.

Heidi Breitsprecker filed formal complaint 18FC:0116 on December 10, 2018.  She alleged that the Delaware Township Fire District, Polk County (District), violated Iowa Code chapter 22 by failing to release records she requested.
 

Ms. Breitsprecker made record requests to the District on October 18, 22, 24, and 26, 2018.  In general, her requests are for records pertaining to training provided from certain dates in the years 2014 through 2018 by the District, maintenance records, names and employment dates of personnel, meeting minutes, budget records, and other records pertaining to a resignation of an employee of the District.

The District responded to her requests on November 6, 2018, requiring an advance payment of $840.00 prior to retrieving the records.   This sum was based upon a District policy establishing a fee of $0.30 per page and $16 per hour for record release (2000 pages and 15 hours).  

Ms. Breitsprecker revised her record request and requested the opportunity to view as many of the records as possible without copying on November 13, 2018.  On November 29, 2018, the District responded with a revised cost of at least $500.00, based upon the same fee policy. A deposit was requested of $500.00, but the request to review records without charge as provided in Iowa Code section 22.2(1) was denied.

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:0116 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 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

_________________________________

Margaret E. Johnson, J.D.
 

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of January 2019, to:

Heidi Breitsprecker

Nicholas Bailey, counsel for the Delaware Township Fire District, Polk County