Date:
11/21/2019
Subject:
Nancy Christensen/City of Madrid - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Nancy Christensen, Complainant And Concerning: City of Madrid, Respondent |
Case Number: 19FC:0112 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On September 30, 2019, Nancy Christensen filed formal complaint 19FC:0112 against the City of Madrid (City) alleging that the City had violated Iowa Code chapter 22.
On September 19, 2019, she hand delivered a request for public records. She requested copies of “all emails sent or received by council members and the mayor on the official city email platform, from March 1, 2019, to date.” She requested the records be provided “via email to me or on a flash drive.”
She also requested “a copy of the FY 2019 audit reports.” She agreed to pay “any and all reasonable costs associated with retrieval and duplication of these materials.”
On September 24, 2109, the city clerk notified Ms. Christensen that the company that provides IT services for the City estimated the time needed to fulfill the email record search would be 12 to 15 hours, at a cost of $110.00 per hour. She was asked if she wanted the City to proceed with her request.
Ms. Christensen alleges that the estimated fee is beyond the amount allowed by Iowa Code chapter 22.
The City responded to the complaint through counsel on October 9, 2019. Counsel stated that a decision was made to forward the record request to the IT vendor rather than have each councilmember and the mayor retrieve the emails. This decision was made to “avoid any appearance of impropriety relative to each individual … withholding any of the requested received or sent emails.” The City forwarded the estimate prepared by the IT vendor as soon as it was received.
Iowa Code section 22.3(1) allows a government body to seek payment of the payment of expenses prior to fulfilling a record request:
Fulfillment of a request for a copy of a public record may be contingent upon receipt of payment of expenses to be incurred in fulfilling the request and such estimated expenses shall be communicated to the requester upon receipt of the request.
Section 22.3(2) further explains:
2. All expenses of the examination and copying shall be paid by the person desiring to examine or copy. The lawful custodian may charge a reasonable fee for the services of the lawful custodian or the custodian’s authorized designee in supervising the examination and copying of the records. If copy equipment is available at the office of the lawful custodian of any public records, the lawful custodian shall provide any person a reasonable number of copies of any public record in the custody of the office upon the payment of a fee. The fee for the copying service as determined by the lawful custodian shall not exceed the actual cost of providing the service. Actual costs shall include only those expenses directly attributable to supervising the examination of and making and providing copies of public records. Actual costs shall not include charges for ordinary expenses or costs such as employment benefits, depreciation, maintenance, electricity, or insurance associated with the administration of the office of the lawful custodian.
There is no evidence that the City has provided an inaccurate statement of costs for the fulfillment of the record request. Ms. Christensen asked that the IPIB order the City to purchase the necessary software or hardware to allow the city clerk to access emails. That is a decision that is within the City’s prerogative to determine. The IPIB does not have the authority to require a certain type of data management programming or to require that the City budget funds to hire IT staff.
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:0112 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 November 21, 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 November, 2019, to:
Nancy Christensen
City of Madrid, John Flynn, City Attorney