Date:
04/19/2019
Subject:
Paul Dorr/City of Orange City - Amended Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Paul Dorr, Complainant And Concerning: City of Orange City, Respondent |
Case Number: 19FC:0032 Amended Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Amended Dismissal Order.
On March 26, 2019, at 5:44 p.m., Paul Dorr filed this formal complaint against the City of Orange City (City) alleging that the City had violated Iowa Code chapter 22.
According to Mr. Dorr’s complaint, on March 25, 2019, at 4:05 p.m., he requested that the city attorney fulfill his public record request for “copies of the names and addresses from the Orange City library’s records of any and all library patrons/members who failed to return a library book and where the ultimate adjudication was that a complaint was filed with the city police department, which then yielded a public prosecution of the patron in the Sioux County, Iowa District Court.” The request was for records from January 1, 2010, to the date of the request.
On March 26, 2019, at 3:08 p.m., the city attorney responded, indicating that the request for records was forwarded to the library director who is the lawful custodian of the records. The attorney also informed Mr. Dorr that the library director estimated that the records search would require about 20 hours to review the library records to find the names and addresses he requested. At the library director’s hourly salary of $24.00, this would result in a fee of $480.00.
The attorney also stated that because the record request was filed with the city attorney instead of the lawful custodian, “there will be an additional cost of $220.00 (1 hours x $220/hr) for the time I am spending responding to your request.”
Later that same day, at 5:18 p.m., Mr. Dorr replied to this email asking instead for the name and email address of the current librarian and stating that the city attorney should have sent an email with this information initially instead of charging Mr. Dorr $220.00. Mr. Dorr stated he would not assume any liability for any of the attorney's fees.
Mr. Dorr’s complaint is that the city attorney’s “attempt to charge me $220 for merely answering a brief email” is a violation of Iowa Code chapter 22.
The city attorney responded to the complaint by providing a copy of the email he sent to Mr. Dorr on March 27, 2019, at 8:50 a.m. (after the filing of this formal complaint, but before the complaint was provided to the City). In that email, the city attorney stated: “Based on your email, I am assuming that you are withdrawing the below public records request that you submitted to me and will be sending another public records request to (the library director).”
The city attorney is not the lawful custodian for library records. The record request should have been filed with the library director or the library board. A library board is a government body separate from a city.
Mr. Dorr has requested that the IPIB advise the city attorney to “cease such activity.” He has been advised that the IPIB does not have jurisdiction over ethical complaints against an attorney, which are filed with the Attorney Disciplinary Board.
However, the IPIB found at the IPIB meeting on April 18, 2019, that an attorney fee charge of $220.00 for responding to the initial record request would not have met the requirement under Iowa Code section 22.3(2) that fees be based upon the “actual costs” of providing the requested records.
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:0032 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 April 18, 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 April, 2019, to:
Paul Dorr
City of Orange City
Brad DeJong, city attorney