19FC:0002 Don Burgmaier/Iowa Department of Human Services - Dismissal Order

Date:
01/28/2019

Subject:
Don Burgmaier/Iowa Department of Human Services - Dismissal Order

Opinion:

The Iowa Public Information Board

COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.

Don Burgmaier filed formal complaint 19FC:0002 on January 4, 2019.  He alleged that the Iowa Department of Human Service (DHS) violated Iowa Code chapter 22 by failing to provide copies of public records.

Mr. Burgmaier filed a request for answers to three questions to DHS on November 30, 2018.  His request asked for answers to the following questions:

1. At this point in time, is DHS required to use reasonable efforts to correct the damage done?

2. What is DHS policy to reverse the damage done after foster care and then TPR, now that I have proven my innocence and DHS has expunged the abuse reports against me?

3. Does DHS have any rules ect, (sic) to attempt to correct the damage to my family. (sic)

DHS responded that there are no records responsive to his request.  It should be noted that the request from Mr. Burgmaier is requesting answers to his questions concerning past DHS involvement with his family.  He is not requesting records as defined in Iowa Code section 22.1(3).

Because Mr. Burgmaier is requesting answers to his questions and not copies of records, the IPIB does not have jurisdiction over his complaint as required by Iowa Code section 23.1.  DHS has indicated that no records exist that would answer his specific questions.

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 does not meet those requirements.

IT IS SO ORDERED:  Formal complaint 19FC:0002 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

_________________________________

Margaret E. Johnson, J.D.

CERTIFICATE OF MAILING

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

Don Burgmaier

Matt Highland, DHS