Date:
03/21/2019
Subject:
Jody Neppl/City of Fonda - Acceptance order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Jody Neppl, Complainant And Concerning: City of Fonda, Respondent |
Case Number: 19FC:0021 Acceptance Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB) and enters this Acceptance Order.
Jody Neppl filed formal complaint 19FC:0021 on February 26, 2019. She alleged that the City of Fonda (City) violated Iowa Code chapter 22 when the police chief did not respond to her request for a public record.
Ms. Neppl alleged she sent a written request to the City police chief on January 2, 2019, requesting a copy of a police report dated November 7, 2018, that was presented to the city council at an open meeting.
The Office of the Ombudsman assisted her with the record request and recommended that she send her record request in writing, by certified mail, to the home address of the police chief. When the letter was not claimed at the post office, the Ombudsman advised her to call the police chief to remind him to accept the certified letter. The certified letter was returned unclaimed on January 22, 2019.
Ms. Neppl stated in her complaint that the Office of the Ombudsman then suggested that she enclose the returned letter in another envelope and deliver that to City Hall, which she did on January 25, 2019. When she contacted City Hall on February 19, 2019, she was told to mail a new certified letter to the police chief using his City Hall address.
Wzhen notified of this complaint, the city clerk advised IPIB staff that the police chief would respond on behalf of the City.
On March 5, 2019, the police chief emailed a response. The response included the requested record and a written response from the police chief. In his response, he stated that Ms. Neppl was told to send any record requests to the Pocahontas County Communications Center. He will not accept record requests addressed to him.
The police chief also included his opinion about the reason for the record requests from Ms. Neppl. This is not relevant to the record request. The report he distributed at an open meeting is a public record of the City and should be released upon request.
It is apparent from the information provided by Ms. Neppl and the police chief that the City does not have a policy or procedure for responding to a request for a public record. Iowa Code section 22.1(2) specifically requires that a government body “delegate to particular officials or employees of that government body the responsibility for implementing the requirements of this chapter and shall publicly announce the particular officials or employees to whom responsibility for implementing the requirements of this chapter has been delegated.”
In addition, Iowa Code chapter 22 does not require that a record request be made in writing or be sent by certified mail. Section 22.3(1) specifically states that the City “shall not require the physical presence of a person requesting or receiving a copy of a public record and shall fulfill requests for a copy of a public record received in writing, by telephone, or by electronic means.”
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 19FC:0021 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 March 21, 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 March, 2019, to:
Russ Benke
City of Fonda, attn. City Clerk
James Hudson, city attorney