18FC:0116 Heidi Breitsprecker/Delaware Township Fire District - Report & Order

Date:
05/16/2019

Subject:
Heidi Breitsprecker/Delaware Township Fire District - Report & Order

Opinion:

Before the Iowa Public Information Board

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 December 12, 2018, Ms. Breitsprecker filed a formal complaint against Delaware Township Fire District (DTFD), alleging a violation of Iowa Code Chapter 22.  The complaint alleged that the DTFD violated Chapter 22 of the Iowa Code by failing to produce various written records of training and firefighter records.

Ms. Breitsprecker requested various categories of records related to the fire department, personnel training, class sign in lists, state certification, CPR cards, budget information for the township for previous fiscal years, information regarding a chief’s resignation in lieu of termination, and meeting minutes for township meetings.

Attorney Nicholas Bailey requested a fee on behalf of the township that Ms. Breitsprecker believed was unreasonable.  Mr. Bailey cited a township resolution from 2012 to justify the fee.  Iowa Code section 22.3 allows public bodies to charge reasonable fees.  Iowa Code section 22.2 (1) says the right to examine public records shall include the right to examine a public record without charge while the public record is in the physical possession of the custodian of the public record.

The IPIB accepted the complaint on January 28, 2019.  Pursuant to Iowa Code section 23.9, the parties negotiated and reached an informal resolution, which was signed on May 6, 2019. 

The terms of the resolution are as follows:

1.  The DTFD will provide Ms. Breitsprecker electronic copies on an electronic storage device of the materials she requested in her amended request on November 13, 2018, with redactions of personal information, including dates of birth, social security numbers, patient dates of birth and social security numbers, and any other information that must be redacted per HIPAA.  See Exhibit A, a copy of the November 13, 2018, letter for details.
2. The DTFD will provide Ms. Breitsprecker with a copy of her own personnel file with no redactions at no charge.
3. The DTFD stipulates that the Meeting Agendas, Meeting Minutes, and Resolutions are not confidential.  Ms. Breitsprecker may view them while paying for the clerk’s time at $16.00 per hour which may include copying of documents.  She may also take photos on her cell phone of the documents at no charge.

The terms of the 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 May, 2019.

CERTIFICATE OF SERVICE

This document was sent by electronic and/or regular mail on the _________day of May, 2019 to:

Heidi Breitsprecker (Complainant)
Nicholas Bailey (Attorney for Respondent)

The Iowa Public Information Board

This matter comes before the Iowa Public Information Board (IPIB) this 16th day of May, 2019, to consider the proposed Informal Resolution in the matter involving Heidi Breitsprecker and the Delaware Township Fire District.

The IPIB has reviewed the report and recommendation of IPIB Legal Counsel Amanda Adams and hereby approves the proposed informal resolution.

The parties have sixty (60) days to complete the terms and conditions.  The IPIB will then set this matter for compliance review.

_________________________________

IPIB Chair

CERTIFICATE OF SERVICE

This document was sent by electronic mail on the ___________ day of _________________, 2019 to:

Heidi Breitsprecker, Complainant
Nicholas Bailey, Attorney for Delaware Township.