Date:
11/21/2019
Subject:
Alex Yakobson/Ames Community School District - Probable Cause Report & Final Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Alex Yakobson, Complainant And Concerning: Ames Community School District, Respondent |
Case Number: 19FC:0072 Probable Cause Order |
This matter comes before the Iowa Public Information Board (IPIB) this 21st day of November, 2019, to consider a Probable Cause Report.
The Probable Cause Report recommends that the IPIB determine that probable cause does not exist to believe that the Ames Community School District violated Iowa Code chapter 22.
The Probable Cause Report also recommends that the IPIB dismiss this complaint.
The IPIB finds that there is no probable cause to believe that the Ames Community School District violated Iowa Code chapter 22.
Pursuant to Iowa Administrative Rule 497-2.2(4)(b) the IPIB adopts the findings and recommendations of the Probable Cause Report, enters a finding of no probable cause, and dismisses this complaint.
So ordered this 21st day of November, 2019.
_____________________________________
IPIB Chair
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of November, 2019, to:
Alex Yakobson
Katherine Beenken, counsel for the Ames Community School District
Before The Iowa Public Information Board
|
In re the Matter of: Alex Yakobson, Complainant And Concerning: Ames Community School District, Respondent |
Case Number: 19FC:0072 Revised Probable Cause Report |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and submits this Revised Probable Cause Report.
Alex Yakobson filed formal complaint 19FC:0072 on June 21, 2019. He alleged that the Ames Community School District (Ames CSD) violated Iowa Code chapter 22 by failing to release records he requested.
Mr. Yakobson sent an email to the attorney for the Ames CSD on June 17, 2019. In that email he stated:
Dear Ms Beenken
For few years i try to get Information who's driving our school buses.
I believe this Drivers provide public serves pay by public money .
Generally in human transportation we can see license and ask driver information
even in taxi and privet bus companies we can see license and ask driver information
But i strangle to get it in Ames school district.
Could you please provide me tool/option i able to get license and ask driver information
Thank you ahead
Alex Yakobson
On June 18, 2019, the school attorney responded to his email and told him that she was not his attorney and was not the lawful custodian for Ames CSD records. She informed him that record requests should be directed to the Ames CSD and addressed to Darcy Cosens. She added that drivers’ licenses are not public records and “likely not maintained by the school district, anyway.”
The Iowa Public Information Board (IPIB) accepted the formal complaint on August 15, 2019. At that meeting, it was discussed that the record request was for the names of the bus drivers employed by the private company that contracts with the Ames CSD to provide transportation services. This information should be a public record.
Pursuant to Iowa Code § 23.9, the parties negotiated, but were unable to reach an informal resolution. The Ames CSD was willing to request the names of employees employed as bus drivers since 2016, the school bus routes since 2016, and the buses assigned to Ames CSD routes from the transportation provider.
Mr. Yakobson was unwilling to agree to this resolution. He wanted different records that were not the subject of this complaint to be included in the terms, including personnel records of the bus drivers which are confidential under Iowa Code section 22.7(11).
Once the Ames CSD was advised by the IPIB on what records were requested by Mr. Yakobson, the Ames CSD took steps to locate the requested records. The school district was willing to accommodate his record request without admitting a violation of Iowa Code chapter 22.
IPIB staff worked to secure the release of the records as identified by the IPIB at the August 15, 2019, meeting. However, Mr. Yakobson was unwilling to accept this informal resolution of his complaint.
IPIB Action
The IPIB has several options upon receipt of a probable cause report. According to Iowa Administrative Rule 497 - 2.2(4):
“Board action. Upon receipt and review of the staff investigative report and any recommendations, the board may:
a. Redirect the matter for further investigation;
b. Dismiss the matter for lack of probable cause to believe a violation has occurred;
c. Make a determination that probable cause exists to believe a violation has occurred, but, as an exercise of administrative discretion, dismiss the matter; or
d. Make a determination that probable cause exists to believe a violation has occurred, designate a prosecutor and direct the issuance of a statement of charges to initiate a contested case proceeding”.
Recommendation
The Ames CSD did not release the records requested by Mr. Yakobson on June 17, 2019, because it was uncertain what records were requested. The IPIB discussed the record request at an open meeting and determined that Mr. Yakobson wanted a list of the bus drivers contracted to provide transportation services. Initially, Mr. Yakobson agreed with this interpretation. During the course of negotiating an informal resolution, he said this was not what he wanted.
I would recommend that the IPIB enter a determination that there is a lack of probable cause to believe a violation occurred and dismiss this complaint.
Respectfully submitted this 21st day of November, 2019.
_______________________________
Margaret E. Johnson, J.D.
1 Iowa Administrative Code rule 497-2.2(1) governs the release of settlement discussions during the informal resolution process: 2.2(1) Referral to staff. Upon acceptance of a complaint, the board’s staff shall work with the complainant and the subject of the complaint toward an informal, expeditious resolution. If the complaint is not resolved, the staff shall initiate an investigation to determine whether there is probable cause to believe a violation of Iowa Code chapter 21 or 22 or rules of the board has occurred. Offers to settle a complaint during the informal resolution process or as part of a settlement negotiation under rule 497—2.4(23) shall not be presented either to the board or admitted in a subsequent contested case proceeding as evidence that a violation of Iowa Code chapter 21 or 22 or rules of the board has occurred.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ____ day of November, 2019, to:
Alex Yacobson
Katherine Beenken, counsel for the Ames Community School District