Date:
06/20/2019
Subject:
Steven Sandberg/Delaware County - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Steven Sandberg, Complainant And Concerning: Delaware County, Respondent |
Case Number: 19FC:0046 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On April 25, 2019, Steven Sandberg filed formal complaint 19FC:0046 against Delaware County (County) alleging that the County violated Iowa Code chapter 22 by denying the release of public records.
Mr. Sandberg alleged that he made a record request to Delaware County through the county auditor requesting all records concerning the decision of Delaware County to purchase a certain type and brand of voting equipment. He made the request on February 5, 2019.
The County provided 82 pages of PDF documents in response on February 28, 2019. This record release included copies of emails, meeting minutes, attachments, and contract negotiation records.
In his complaint, Mr. Sandberg alleged that the PDF documents referenced attachments and links that he could not open or retrieve. He also alleged that the County did not respond to his requests for copies of the attachments until after he filed his complaint with the IPIB.
When notified of the complaint the auditor reviewed the PDF documents that were sent to Mr. Sandberg and made copies of all attachments. The links were to specific website pages and videos on the voting equipment website. These pages were only accessible by entering the link address into a web browser and may no longer be available.
The County provided the additional records to Mr. Sandberg and to the IPIB. The additional requests were fulfilled by May 8, 2019, and totalled another 72 pages of documents. The auditor was also able to find an additional six emails which were also released.
Mr. Sandberg included in his complaint an objection to the voting equipment that was approved for County use. This matter does not allege a violation of Iowa Code chapter 21 or 22.
When the concern with possible missing records was brought to the attention of the County by the IPIB, the copies of the attachments were provided to Mr. Sandberg within nine business days. This does not appear to be an unreasonable amount of time given the number of records requested and released.
The County should review records before release to ensure that the copied records do not have inaccessible attachments in the future. The failure to do this in this instance is considered harmless error, as the County took immediate steps to rectify the oversight when brought to the County’s attention by 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:0046 is dismissed as harmless error 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 June 20, 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 June, 2019, to:
Steven Sandberg
Delaware County, c/o county auditor and county attorney