Date:
03/21/2019
Subject:
Roger Hanson/City of Duncombe - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Roger Hanson, Complainant And Concerning: City of Duncombe, Respondent |
Case Number: 19FC:0028 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On March 9, 2019, Roger Hanson filed this formal complaint against the City of Duncombe (City) alleging that the City had violated Iowa Code chapter 22 by failing to provide records he requested.
On February 9, 2019, Mr. Hanson filed a request for public records with the City clerk requesting copies of all written correspondence between the City and the Webster County Sheriff’s Office.
The city clerk had not corresponded with the sheriff’s office and had no responsive records. The clerk had received correspondence from the City of Otho concerning a meeting of the Otho city council on December 11, 2018. At that meeting, the Webster County sheriff had informed the Otho city council that the 28E agreement between the City of Otho and the county would not be continued. This 28E agreement included the City of Duncombe as well. There was no need for correspondence with the Webster County sheriff.
In response to this complaint, the City provided copies of all documents that were released to Mr. Hanson pursuant to his record request. Mr. Hanson then questioned the accuracy of the minutes from the Otho city council meeting. This is not the responsibility of the City of Duncombe.
There is no evidence of a violation of Iowa Code chapter 22 by the City of Duncombe.
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 all those requirements.
IT IS SO ORDERED: Formal complaint 19FC:0028 is dismissed as legally insufficient and without merit 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 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:
Roger Hanson
City of Duncombe