Date:
12/19/2019
Subject:
Joshua Baker/City of Sheffield - Acceptance Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Joshua Baker, Complainant And Concerning: City of Sheffield, Respondent |
Case Number: 19FC:0108 Acceptance Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order.
Joshua Baker filed this formal complaint on September 18, 2019, alleging that the City of Sheffield (City) violated Iowa Code chapter 22 by failing to respond to two record requests.
On August 29, 2019, Mr. Baker hand-delivered a written public records request to the City for “any and all procedures or policies set forth by the city to the police department with emphasis in how official city motor vehicles can be used and where they can be stored.” He also asked for documents regarding how much the city spends to maintain a garage for the police vehicles.
Mr. Baker alleged that the request was returned to him and that he was told that the records were available online. He was not provided guidance on how to access the records.
That same day, he submitted another written request, in person, requesting “all logs of stops, calls, and other documents that are made during the course of duties performed by both officers of the department.” In response, he was provided a list of types of calls and the frequency.
When he informed the police chief that the records were missing important information, he was told that it would take 8 to 10 hours to gather the records.
The City Mayor responded to the complaint. He stated that the City had a letter for Mr. Baker asking for a specific date range for the log records so that a search could be made. The records are not maintained electronically.
Mr. Baker provided a summary of a phone call he alleged occurred with the police chief in which he stated that the police chief would redact all dates and times from the records, rendering them useless.
IPIB staff have attempted to coordinate a release of the responsive records. Records have still not been released. Acceptance of this complaint will require that parties work with IPIB staff to reach an informal resolution pursuant to Iowa Code section 23.9.
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 meets those requirements
IT IS SO ORDERED: Formal complaint 19FC:0108 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). Parties are directed to work with IPIB staff to reach an informal resolution as required by Iowa Code section 23.9.
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 December 19, 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 December, 2019, to:
Joshua Baker
City of Sheffield