Date:
04/18/2019
Subject:
Doreen Cook/Chickasaw County Emergency Management - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Doreen Cook, Complainant And Concerning: Chickasaw County Emergency Management, Respondent |
Case Number: 19FC:0034 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On April 1, 2019, Doreen Cook filed formal complaint 19FC:0034 against the Chickasaw County Emergency Management (CCEM) alleging that the CCEM violated Iowa Code chapter 22 by denying the release of public records.
Ms. Cook attended a meeting of the CCEM on March 12, 2019. During that meeting, the CCEM approved its budget. Prior to the meeting, a summary budget was available for public review. At the meeting, a line item budget was distributed to the CCEM members in attendance.
Ms. Cook requested a copy of the line item budget. The CCEM coordinator told her that he would need to check first with CCEM legal counsel to ask if any redactions should be made before public release. Ms. Cook alleged in her complaint that a copy machine was easily accessible to make extra copies.
In her complaint, and in a subsequent email, Ms. Cook alleged she received the requested record the following day, March 13, 2019.
Ms. Cook alleges that this delay is a violation of Iowa law and that the CCEM and its coordinator should be found to be in violation of chapter 22 and be required to receive training on public records laws. In addition, she noted that the published notification of the meeting stated that “copies of the supplemental budget will be furnished upon request.”
The legal issue in this complaint is whether a delay of one day constitutes a violation of Iowa Code chapter 22. Iowa law does not specify a specific time frame for the release of a public record.
The Iowa Supreme Court, in Horsfield Materials, Inc. v. City of Dyersville, 834 N.W.2d 444, (Iowa 2013), noted that practical considerations may be considered:
“Under this interpretation, practical considerations can enter into the time required for responding to an open records request, including “the size or nature of the request.” But the records must be provided promptly, unless the size or nature of the request makes that infeasible” Horsfield Materials, Inc. v. City of Dyersville, 834 N.W.2d 444, 461 (Iowa 2013).
In this complaint, the allegations presented by Ms. Cook indicated that her request was made during an open meeting, the CCEM coordinator stated he first needed to inquire of counsel whether he could release the record, and she received the record within a day. This does not provide adequate evidence to support a violation of Chapter 22.
Ms. Cook alleges violations of Iowa Code chapter 29C in the approved budget. This allegation is beyond the jurisdiction of the IPIB.
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:0034 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 amended and resent by electronic mail on the ___ day of April, 2019, to:
Doreen Cook
Jeff Bernatz, coordinator for the Chickasaw County Emergency Management
Jennifer Schwickerath, Chickasaw County Attorney