Date:
07/18/2019
Subject:
Steven Sandberg/Secretary of State - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Steven Sandberg, Complainant And Concerning: Secretary of State, Respondent |
Case Number: 19FC:0062 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On June 6, 2019, Steven Sandberg filed formal complaint 19FC:0062 against the Secretary of State (SOS) alleging that the SOS violated Iowa Code chapter 22 by denying the release of public records (see Exhibit 1).
The last paragraph of the complaint requested assistance “finding out who is the lawful custodian of records at the Secretary of State’s Office, so that I might direct my Open Records request to that person, rather than to the Deputy Secretary.”
The SOS responded to his complaint on June 17, 2019 (see Exhibit 2). The response requested that Mr. Sandberg submit his record request in writing to provide an accurate description of the records he seeks. He was also asked to submit record requests to Deputy Secretary Christy Wilson.
When provided with a copy of this response and asked if he had additional comments, Mr. Sandberg sent this reply on June 26, 2019:
Yes, I have comments. But I've come to realize it's not Eric Gookin's false statements I need to be worried about. Just let me know if/when you dismiss my complaint so I can counter the IPIB's arguments. It's a waste of time to tell you the facts if you don't care about truth.
Iowa Code section 22.1(2) states:
Each government body shall delegate to particular officials or employees of that government body the responsibility for implementing the requirements of this chapter and shall publicly announce the particular officials or employees to whom responsibility for implementing the requirements of this chapter has been delegated.
This section does not require that a government body allow a record requestor to determine who the lawful custodian must be. The SOS website has a link to request assistance from the SOS (How Can the Secretary Help You?).
As noted by the SOS, some of the records may contain proprietary or cybersecurity information that could be considered confidential under Iowa Code sections 22.7(3) and 22.7(50). Without additional information from Mr. Sandberg, there is insufficient evidence to determine whether a violation of Iowa Code chapter 22 occurred.
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:0062 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 July 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 July, 2019, to:
Steven Sandberg
Eric Gookin, Director of Operations