Date:
05/16/2019
Subject:
Henry Clark/Mills County Board of Supervisors - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Henry Clark, Complainant And Concerning: Mills County Board of Supervisors, Respondent |
Case Number: 19FC:0049 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On May 7, 2019, Henry Clark filed formal complaint 19FC:0049 against the Mills County Board of Supervisors (County) alleging that the County violated Iowa Code chapter 22 by denying the release of public records.
Mr. Clark attended a meeting of the County on April 30, 2019. During this meeting, he requested a copy of the Mills County Emergency Preparedness Plans. He had also requested these records earlier in the month from the Mills County Emergency Manager. Both requests were made verbally.
The complaint was forwarded to the Mills County Attorney on May 7, 2019. Later that day, the County Attorney responded, indicating this was the first she knew of his record request. She then provided a link to the plans on the county website.
Mr. Clark has concerns with the plans, stating they do not properly address the issue of the pumping of flood waters from Pacific Junction. He stated that the plans are generic and do not address the current flooding in Mills County. However, the adequacy of the plans is not an issue within the jurisdiction of the IPIB.
The legal issue in this complaint is whether this delay 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).
As soon as the County Attorney was made aware of the records request, the records were provided. Although it is not required by Iowa law for a record request to be made in writing, verbal requests during a conversation or at a public meeting can be overlooked or forgotten, especially during an emergency situation. Record requestors should be referred to the lawful custodian of the records to avoid delays.
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:0049 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 May 16, 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 May, 2019, to:
Henry Clark
Naeda Elliott, Mills County Attorney